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Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C.
05-21-00857-CV
| Tex. App. | Dec 13, 2021
|
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Case Information

*1 DISMISS and Opinion Filed December 13, 2021

In The

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 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 § 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 *2 $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 T EX . . § 51.012. Because the appeal complains of the justice court, we lack jurisdiction. See id. Accordingly, we dismiss the appeal. See R. A PP P. 42.3(a).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210857F.P05

Court of Appeals

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

In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered December 13, 2021.

[1] Appellants also assert they timely filed their appeal to the county court and ask that we compel the justice of the peace and justice court clerk to file the clerk’s and reporter’s records.

Case Details

Case Name: Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C.
Court Name: Court of Appeals of Texas
Date Published: Dec 13, 2021
Docket Number: 05-21-00857-CV
Court Abbreviation: Tex. App.
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