Court of Civil Appeals of Texas, 2019

David Berry v. Faith Temple Ministry Int

David Berry v. Faith Temple Ministry Int
Court of Civil Appeals of Texas · Decided June 4, 2019

David Berry v. Faith Temple Ministry Int

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: David Berry v. Faith Temple Ministry International Appellate case number: 01-19-00290-CV Trial court case number: 1128507 Trial court: County Civil Court at Law No. 3 of Harris County Appellant, David Berry, is attempting to appeal the trial court’s judgment concluding that appellee, Faith Temple Ministry International, was entitled to immediate possession of the property at 411 Berry Road, Houston, Texas.

A final judgment in an eviction suit is not appealable on the issue of possession unless the premises are used for residential purposes only. See TEX. PROP. CODE § 24.007. The premises involved in this case appear to have been used for commercial purposes—as a church—rather than for residential purposes only.

Accordingly, the Court may dismiss this appeal for lack of jurisdiction unless appellant files a response within 10 days of the date of this order establishing this Court’s jurisdiction.

It is so ORDERED.

Judge’s signature: __/s/ Peter Kelly_____  Acting individually  Acting for the Court

Date: __June 4, 2019___

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