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INDEPENDENT QUALITY W. v. TAM T.

Court of Appeals of Texas, Fifth District, Dallas
Jan 31, 2006
No. 05-05-00521-CV (Tex. App. Jan. 31, 2006)

Opinion

No. 05-05-00521-CV

Opinion Filed January 31, 2006.

On Appeal from the County Court at Law No. 5, Collin County, Texas, Trial Court Cause No. 005-51-05.

Dismiss.

Before Chief Justice THOMAS and Justices LANG and MAZZANT.


MEMORANDUM OPINION


We REINSTATE the appeal.

Patrick W.Y. Tam Trust leased property to Independent Quality Wholesale, Inc. d/b/a Plano Pets Grooming and Do-It-Yourself Pest Weed Control. When appellant defaulted on the lease obligations and refused to vacate the premises, the Trust filed an eviction suit in justice of the peace court.

The JP court awarded possession of the premises to the Trust. Appellant appealed to the county court at law and filed a $12,000 appeal bond with Michael Howard Smith and Gregory J. Power as sureties. On motion of the Trust, the county court ordered appellant to file an additional bond in the amount of $6000. Appellant filed the additional bond with Shelly Bowman and Linda Kristin Parker as sureties.

Subsequently, the county court judge awarded possession of the premises to the Trust. Two weeks later, the Trust filed a motion to enforce the appeal bond, which the trial court granted, ordering that the Trust recover $6,000 from Shelly Bowman and Linda Kristin Parker. Appellant filed notice of appeal from the order granting judgment against Bowman and Parker.

While the appeal was pending, appellant filed for bankruptcy. We abated the case. On January 3, 2006, the Trust moved to dismiss the appeal, asserting that the bankruptcy trustee had conveyed to it "the causes of action of Independent Quality, which include those in this appeal."

In response, appellant opposed the motion to dismiss, arguing the trial court entered judgments against the four sureties and "[n]one of this involved anything to do with any assets to the bankrupt corporation." Appellant argues the appeal "asserts only a claim" on behalf of the four sureties.

The record does not contain a copy of any judgment against Smith and Power. Even the attachments to appellant's response to the motion to dismiss do not include such a judgment.

We have reviewed the record in this appeal, and none of the sureties filed a notice of appeal, only Independent Quality Wholesale did. A party who seeks to alter the trial court's judgment or other appealable order must first file a notice of appeal. See Tex.R.App.P. 25.1(c). Consequently, the sureties are not parties to this appeal.

Accordingly, we GRANT appellee's motion to dismiss the appeal. We DISMISS the appeal.


Summaries of

INDEPENDENT QUALITY W. v. TAM T.

Court of Appeals of Texas, Fifth District, Dallas
Jan 31, 2006
No. 05-05-00521-CV (Tex. App. Jan. 31, 2006)
Case details for

INDEPENDENT QUALITY W. v. TAM T.

Case Details

Full title:INDEPENDENT QUALITY WHOLESALE D/B/A PLANO PETS GROOMING AND DO-IT-YOURSELF…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 31, 2006

Citations

No. 05-05-00521-CV (Tex. App. Jan. 31, 2006)