MARJORIE WASHINGTON v. SPANISH TRACE APARTMENTS (2010)

MEMORANDUM OPINION

Opinion By Justice Morris

In this case, Marjorie Washington filed a notice of appeal in the county court stating that she was appealing a justice of the peace court judgment in a forcible detainer action.   The clerk's record indicates that the matter is on appeal in the County Court at Law. No. 4. The county court denied the contest to Washington's affidavit of inability to pay costs on February 8, 2010.   Spanish Trace Apartments filed a motion for dismissal of the appeal and immediate issuance of a writ of possession in the county court on March 16, 2010.   The clerk's record does not contain a final judgment from the county court.

The only judgment in the record before us is that of the justice of the peace court.   Such a judgment may be appealed only to the county court.   See Tex.R. Civ. P. 749.   On April 9, 2010, we sent Washington a letter asking her to file a jurisdictional brief explaining how we have jurisdiction over this appeal.   We informed Washington that if she failed to file a jurisdictional brief within the time allowed, the appeal may be dismissed for want of jurisdiction without further notice.   Washington failed to file a jurisdictional brief within the time allowed.   We do not have jurisdiction over the justice of the peace court's judgment.   Accordingly, we DISMISS this appeal for want of jurisdiction.   See Tex.R.App. P. 42.3(a).

100266F.P05

PER CURIAM