Kimberly Johnson v. ONM Living LLC ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-22-00439-CV
___________________________
KIMBERLY JOHNSON, Appellant
V.
ONM LIVING LLC, Appellee
On Appeal from County Court at Law No. 2
Denton County, Texas
Trial Court No. CV-2022-03570-JP
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
Justice Womack concurs without opinion.
MEMORANDUM OPINION
Appellant Kimberly Johnson attempts to appeal the trial court’s order declaring
that she was able to pay court costs and an appeal bond in her eviction case. See Tex.
R. Civ. P. 510.9.
“As a general rule, appeals may be taken only from final judgments.” Sabre
Travel Int’l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 730 (Tex. 2019). “Unless a
statute authorizes an interlocutory appeal, appellate courts generally only have
jurisdiction over final judgments.” CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex.
2011).
We notified Johnson that we were concerned that we might not have
jurisdiction over this appeal because the order being appealed was not a final
judgment or an appealable interlocutory order and because the rules applicable to
eviction suits do not otherwise provide a mechanism for appeal of such an order to
this court. 1 See Tex. R. Civ. P. 500.3(e), 510.9(c)(3); Ferguson v. Self, No. 02-21-00279-
CV, 2021 WL 4783163, at *1 (Tex. App.—Fort Worth Oct. 14, 2021, no pet.)
(per curiam) (mem. op.). We stated that unless Johnson filed a response showing
On November 21, 2022, while this appeal was pending, we received another
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notice of appeal and a copy of a final judgment signed by the trial court in the
underlying eviction suit. The appeal from that final judgment is a separate appeal from
the appeal of this order. Because Johnson paid the bond and the county court
accepted the appeal of the eviction judgment, this bond appeal is also moot. See
Meeker v. Tarrant Cnty. Coll. Dist., 317 S.W.3d 754, 759 (Tex. App.—Fort Worth 2010,
pet. denied) (“An issue may become moot when a party seeks a ruling on some matter
that, when rendered, would not have any practical legal effect on a then-existing
controversy.”).
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grounds for continuing the appeal, this appeal could be dismissed for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. We have received no response from
Johnson.
We therefore dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
Per Curiam
Delivered: December 22, 2022
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