Jane Doe v. HPA Texas Sub 2017-1-ML, LLC ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00092-CV
___________________________
JANE DOE, Appellant
V.
HPA TEXAS SUB 2017-1-ML, LLC, Appellee
On Appeal from County Court at Law No. 2
Tarrant County, Texas
Trial Court No. 2023-001870-2
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Jane Doe attempts to appeal from an order sustaining a contest to
her affidavit of inability to pay for an appeal and 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).
After Appellant filed her notice of appeal, we sent her a letter expressing our
concern that we may not have jurisdiction over the appeal because the order does not
appear to be a final judgment or an appealable interlocutory order, see Tex. Civ. Prac.
& Rem. Code Ann. § 51.014(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001), and because the Rules of Civil Procedure applicable to eviction suits do not
otherwise provide a mechanism for appeal of such an order. See Tex. R. Civ. P.
500.3(e), 510.9; 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 warned
Appellant that unless she or any party desiring to continue the appeal filed a response
showing grounds for continuing the appeal, the appeal could be dismissed for want of
2
jurisdiction. See Tex. R. App. P. 44.3. Appellant filed a response, but it does not state
adequate grounds for continuing the appeal.1
We therefore dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
Per Curiam
Delivered: May 25, 2023
1
For example, Appellant argued that there had been “bias per the judge” and
that “[t]his appeal is valid and needs to be done because now they are now not telling
the truth.”
3