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Kellam v. Plumtree

Court of Appeals Fifth District of Texas at Dallas
Aug 17, 2017
No. 05-17-00443-CV (Tex. App. Aug. 17, 2017)

Opinion

No. 05-17-00443-CV

08-17-2017

DOMINIQUE KELLAM, Appellant v. THE HARBORS & PLUMTREE, Appellee


On Appeal from the County Court at Law No. 2 Dallas County, Texas
Trial Court Cause No. CC-17-01916-B

MEMORANDUM OPINION

Before Justices Lang, Myers, and Stoddart
Opinion by Justice Myers

The Harbors & Plumtree filed a forcible detainer petition in the justice court to evict Dominique Kellam from an apartment she leased. The justice court awarded The Harbors & Plumtree possession, and Kellam appealed to the county court. See TEX. R. CIV. P. 510.9(a),(f). The county court, too, awarded The Harbors & Plumtree possession, and Kellam filed this appeal.

We questioned our jurisdiction over the appeal after a review of the clerk's record showed Kellam's appeal from justice court to county court was filed one-day late, depriving the county court, and this Court, of jurisdiction. See id. 510.9(a),(f); Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort Worth 2004, no pet.) (county court lacks jurisdiction over untimely-filed appeal from justice court); Dallas Cty. App'l Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied) (appellate court's jurisdiction over merits of case extends no further than that of court from which appeal is taken). We gave Kellam an opportunity to address our concern and cautioned her that failure to respond could result in dismissal of her appeal without further notice. However, more than ten days have passed, and she has failed to respond.

Because the county court lacked jurisdiction over the forcible detainer action, we do also. See Williams, 148 S.W.3d at 583; Funds Recovery, 887 S.W.2d at 468. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Lana Myers/

LANA MYERS

JUSTICE 170443F.P05

JUDGMENT

On Appeal from the County Court at Law No. 2, Dallas County, Texas
Trial Court Cause No. CC-17-01916-B.
Opinion delivered by Justice Myers. Justices Lang and Stoddart participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 17th day of August, 2017.


Summaries of

Kellam v. Plumtree

Court of Appeals Fifth District of Texas at Dallas
Aug 17, 2017
No. 05-17-00443-CV (Tex. App. Aug. 17, 2017)
Case details for

Kellam v. Plumtree

Case Details

Full title:DOMINIQUE KELLAM, Appellant v. THE HARBORS & PLUMTREE, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 17, 2017

Citations

No. 05-17-00443-CV (Tex. App. Aug. 17, 2017)