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McNeese v. Deutsche Bank Nat'l

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2017
No. 05-17-00029-CV (Tex. App. Aug. 15, 2017)

Opinion

No. 05-17-00029-CV

08-15-2017

KEVIN MCNEESE, Appellant v. DEUTSCHE BANK NATIONAL, Appellee


On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-16-05985-D

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright

This is an appeal from County Court at Law Number 4, Dallas County, Texas. The record reflects the justice court signed a judgment for possession against appellant on November 10, 2016. Appellant appealed to the county court by filing a statement of inability to pay on November 16, 2016. See TEX. R. CIV. P. 510.9(a). An appeal from justice court to county court in an eviction case must be filed within five days from the date the judgment is signed. Id. An appeal filed outside that timeframe is untimely and deprives the county court of jurisdiction. See Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort Worth 2004, no pet.). Because our jurisdiction over the merits of a case extends no further than that of the court from which the appeal is taken, we questioned our jurisdiction over this appeal. See Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied).

Appellant was cautioned that this appeal may be dismissed without further notice if a letter brief addressing the timeliness of the appeal was not filed on or before May 12, 2017. To date, appellant has not requested an extension nor filed the requested brief. Because this appeal was taken from the county court, which lacked jurisdiction due to appellant's untimely appeal, this Court also lacks the jurisdiction over the merits of this case. See Williams, 148 S.W.3d at 583; Dallas Cty. Appraisal Dist., 887 S.W.2d at 468. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE 170029F.P05

JUDGMENT

On Appeal from the County Court at Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-16-05985-D.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered August 15, 2017.


Summaries of

McNeese v. Deutsche Bank Nat'l

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2017
No. 05-17-00029-CV (Tex. App. Aug. 15, 2017)
Case details for

McNeese v. Deutsche Bank Nat'l

Case Details

Full title:KEVIN MCNEESE, Appellant v. DEUTSCHE BANK NATIONAL, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 15, 2017

Citations

No. 05-17-00029-CV (Tex. App. Aug. 15, 2017)