Opinion
No. 05-11-01458-CV
05-18-2012
BYRON JONES AND ALL OCCUPANTS OF 1228 SUMMERSIDE DRIVE, DESOTO, TEXAS 75115, Appellants v. WELLS FARGO BANK, Appellee
DISMISS: Opinion Filed May 18, 2012
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-11-06415-A
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
In their notice of appeal, appellants state that the are appealing the trial court's order remanding the case back to state court to the “United States Court of Appeals for the fifth circuit located at 600 S. Maestri Place, New Orleans, LA 70130-3408.” By letter dated March 16, 2012, we informed appellants that this Court does not have jurisdiction over federal district court orders remanding a case back to state court. We requested that appellant file a jurisdictional brief explaining how this Court has jurisdiction over the appeal. Appellant's jurisdictional brief was due March 26, 2012. The Court cautioned appellants that failure to file a jurisdictional brief would result in dismissal of the appeal without further notice. As of today's date, appellants have not filed a response.
This Court has no jurisdiction to review an order from a federal court. See Restrepo v. First Nat'l Bank of Dona Ana County, NM, 888 S.W.2d 606 (Tex. App.-El Paso 1994, no pet.). Appellants state that they are appealing the trial court's order of remand in 3:11-CV-2670-B. This cause number is different from the trial court cause number listed on the notice of appeal filed with this Court. Because this Court lacks jurisdiction over a federal court order, we dismiss the appeal. See Tex. R. App. P. 42.3(a) & (c).
KERRY P. FITZGERALD
JUSTICE
111458F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
BYRON JONES AND ALL OCCUPANTS OF 1228 SUMMERSIDE DRIVE, DESOTO, TEXAS 75115, Appellants
V.
WELLS FARGO BANK, Appellee
No. 05-11-01458-CV
Appeal from the County Court at Law No. 1 of Dallas County, Texas. (Tr.Ct.No. CC-11- 06415-A).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore, participating.
Based on the Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, Wells Fargo Bank, recover its costs of the appeal from appellants, Byron Jones and All Occupants of 1228 Summerside Drive, Desoto, Texas 75115.
Judgment entered May 18, 2012.
KERRY P. FITZGERALD
JUSTICE