Kyle Schubert v. APTCO Shell ( 2017 )

VACATE and DISMISS; and Opinion Filed February 1, 2017.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01129-CV
KYLE SCHUBERT, Appellant
V.
APTCO SHELL, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-16-04359-E
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Boatright
Opinion by Justice Lang-Miers
This is an appeal from a judgment in an eviction suit. On APTCO Shell’s petition, the
justice court awarded APTCO Shell possession of an apartment Kyle Schubert occupied and a
monetary judgment. Schubert appealed by filing a statement of inability to pay six days after the
justice court signed its judgment. Although the statement of inability to pay was due within five
days after the judgment, the county court at law conducted a trial de novo. See TEX. R. CIV. P.
510.9(a), (f), 510.10(c); Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort Worth
2004, no pet.) (county court lacks jurisdiction over untimely-filed appeal bond from justice
court). Like the justice court, the county court awarded APTCO Shell possession of the
apartment and a monetary judgment. Schubert timely appealed from that judgment. However,
because our jurisdiction over the merits of a case extends no further than that of the court from
which the appeal is taken, and it appeared Schubert had not timely appealed from justice court to
county court, we questioned whether we had jurisdiction over this appeal and requested the
parties brief this issue. See Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465,
468 (Tex. App.—Dallas 1994, writ denied). Although more than ten days have passed since we
requested the briefing, we have received no response. Because nothing in the record
demonstrates Schubert timely appealed from justice court, the county court lacked jurisdiction
over the case and we also lack jurisdiction. See id. Accordingly, we vacate the county court’s
judgment and dismiss the cause. See id.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
161129F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KYLE SCHUBERT, Appellant On Appeal from the County Court at Law
No. 5, Dallas County, Texas
No. 05-16-01129-CV V. Trial Court Cause No. CC-16-04359-E.
Opinion delivered by Justice Lang-Miers.
APTCO SHELL, Appellee Justices Myers and Boatright participating.
In accordance with this Court’s opinion of this date, we VACATE the judgment of
County Court at Law No. 4 and DISMISS the case.
Judgment entered this 1st day of February , 2017.
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