Subrina's Tax Service, Appellant v. KRRHH LLC (2015)

MEMORANDUM OPINION

Appellant appeals a county court at law's June 30, 2015 final judgment from a justice court appeal.  Upon review of the clerk's record, it appeared that appellant untimely filed her appeal bond with the justice court.  By letter dated August 18, 2015, we notified the parties that we questioned our jurisdiction over the appeal and requested jurisdictional briefing from the parties.  To date, we have received no response to our jurisdictional inquiry.  Accordingly, we address jurisdiction sua sponte, as we must.  Wells Fargo Bank, N.A. v. Murphy, 458 S.W.3d 912, 916 (Tex.2015).

The justice court signed its final judgment on May 13, 2015, awarding appellee a writ of possession.  Appellant filed an appeal bond on May 19, 2015, and an affidavit of indigency on July 7, 2015.  A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a sworn statement of inability to pay with the justice court within five days after the judgment is signed.  Tex.R. Civ. P. 510.9(a).  An appeal of a justice court's ruling is perfected when a bond, cash deposit, or statement of inability to pay is filed in accordance with this rule.  Tex.R. Civ. P. 510.9(f).  Because five days after the justice court's May 13, 2015 final judgment is May 18, 2015, appellant failed to timely file her bond when she filed her appeal bond on May 19, 2015 and her affidavit of indigency on July 7, 2015.  Because appellant did not file her bond or statement of inability to pay in accordance with rule 510.9(a) of the Texas Rules of Civil Procedure, she did not perfect her appeal to the county court and thus the county court at law had no jurisdiction to hear the appeal.  See Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex.App.–Fort Worth 2004, no pet.).  Where the trial court does not have jurisdiction to render a judgment, the proper practice is for the reviewing court to set the judgment aside and dismiss the cause.  Dallas County Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex.App.–Dallas 1994, writ denied).

Because appeal from the justice court judgment was not timely perfected and the county court never acquired jurisdiction, the judgment of the justice court was never vacated.  Cf. Villalon v. Bank One, 176 S.W.3d 66, 69–70 (Tex.App.–Houston [1st Dist.] 2004, pet. denied) (“[I]t is well-settled that perfection of an appeal to county court from a justice court for trial de novo vacates and annuls the judgment of the justice court.”).  Accordingly, we vacate the judgment of County Court at Law No. 4 and dismiss the case for want of jurisdiction.  See Tex.R.App. P. 43.2(e).

Opinion by Chief Justice Wright