Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C.

DISMISS and Opinion Filed December 13, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00857-CV

BYRON HUTCHINGS, ANITA HUTCHINGS, HAYLEY HUTCHINGS,

AND HUNTER HUTCHINGS, Appellants

V.

MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS

PROPERTIES, L.L.C., Appellee

On Appeal from Justice Court Precinct Three, Place Two Dallas County, Texas

Justice Court Cause No. JE19-04654N

MEMORANDUM OPINION

Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Partida-Kipness This appeal, filed October 1, 2021, complains of the justice court’s October 30, 2019 order of eviction and purported failure to notify the county court of appellants’ November 2019 appeal from that order. Because civil appeals to a court of appeals may generally only be taken from a district or county court’s final judgment in which the amount in controversy exceeds $250, see TEX. CIV. PRAC. & REM. CODE § 51.012, we questioned our jurisdiction over this appeal.

In response to our request for jurisdictional briefing, appellants filed three letter briefs, asserting, in relevant part, that the amount-in-controversy exceeds $100,000.1 The amount-in-controversy threshold, however, is not the only prerequisite; a final judgment from a district or county court is also required. See TEX. CIV. PRAC. & REM. CODE § 51.012. Because the appeal complains of the justice court, we lack jurisdiction. See id. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210857F.P05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BYRON HUTCHINGS, ANITA On Appeal from Justice Court HUTCHINGS, HAYLEY Precinct Three, Place Two, Dallas HUTCHINGS, AND HUNTER County, Texas HUTCHINGS, Appellants Trial Court Cause No. JE19-04654N. Opinion delivered by Justice Partida- No. 05-21-00857-CV V. Kipness, Justices Schenck and Osborne participating.

MELROSE ACQUISITION, L.L.C.,

A SUBSIDIARY OF MAXUS

PROPERTIES, L.L.C., Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered December 13, 2021.