Dismissed and Memorandum Majority and Dissenting Opinions filed August 30, 2019.

In the Fourteenth Court of Appeals NO. 14-18-00270-CV DON WADE, Appellant v. HOUSEHOLD FINANCE CORPORATION III, Appellee On Appeal from the County Court at Law Caldwell County, Texas Trial Court Cause No. 6311 MEMORANDUM DISSENTING OPINION This is an eviction case; it arises out of a forcible-detainer proceeding in the justice court. See Tex. Prop. Code Ann. §§ 24.002, .004. After losing in the justice court, Don Wade appealed to the county court at law. See Tex. R. Civ. P. 506.3. The county court at law rendered a summary judgment in favor of Household Finance Corporation III.

The justice court has jurisdiction to determine who has a superior right of possession in eviction suits. Tex. Prop. Code Ann. §§ 24.001, .004. The district court has jurisdiction to determine questions of title. Tex. Const. art. V, § 8; Tex. Gov’t Code Ann. § 26.043. We must review the judgment before us, and any question of title cannot be determined in an eviction suit. See Tex. R. Civ. P. 510.3(e).

Rather than dismiss the appeal, I would decide the merits of Wade’s appeal to the extent that (1) it relates to a determination of superior right of possession and (2) it raises a legitimate issue regarding the authority of the judge of the county court at law to act.

I respectfully dissent from the dismissal of the appeal for want of prosecution.

/s/ Charles A. Spain Justice

Panel consists of Justices Wise, Zimmerer, and Spain. (Spain, J., dissenting.)