Appeal from the County Court Glasscock County, Texas Trial
Court Cause No. 23
consists of: Wright, C.J., Willson, J., and Bailey, J.
M. BAILEY JUSTICE
an appeal of an order from the county court of Glasscock
County dismissing Jimmy Sherrod's appeal from the justice
court's judgment entered against him in his eviction suit
against Gary Rogers. The county court dismissed Sherrod's
appeal on the basis that he did not file an appeal bond
sufficient to invoke the county court's jurisdiction to
consider his appeal of the eviction proceeding. In a single
issue, Sherrod contends that the county court erred in
dismissing his appeal on the basis that he did not
sufficiently invoke the county court's jurisdiction. We
reverse and remand.
owns commercial property in Glasscock County. Rogers occupied
the commercial property under a lease agreement with Sherrod.
Sherrod filed an eviction suit against Rogers in the justice
court of Glasscock County seeking to evict Rogers from the
commercial property. The justice court entered a "take
nothing" final judgment against Sherrod on November 21,
2016. The justice court also awarded Rogers $10, 000 for
attorney's fees against Sherrod and set the amount of the
appeal bond at $10, 000.
on Rule 506.1(b) of the Texas Rules of Civil Procedure,
Sherrod sent an appeal bond in the amount of $500 on November
28, 2016, to the justice court.See Tex. R. Civ. P.
506.1(b). On November 29, 2016, Sherrod sent an amended
appeal bond of $10, 000. Rogers subsequently filed a motion
to dismiss for want of jurisdiction, arguing that the county
court lacked jurisdiction because Sherrod did not timely file
an appeal bond in the required amount. On January 17, 2017,
the county court granted Rogers's motion to dismiss.
at the outset that Section 24.007 of the Texas Property Code
provides that the final judgment of a county court in an
eviction suit may not be appealed on the issue of possession
unless the premises in question are being used for
residential purposes only. See Tex. Prop. Code Ann.
§ 24.007 (West Supp. 2016). Although this appeal
involves commercial property, this statute does not preclude
this appeal because the appeal does not concern the issue of
possession but, rather, the jurisdiction of the county court
to consider Sherrod's appeal from the justice court.
jurisdiction is a legal question, which we review de novo.
Tex. Dep't of Parks & Wildlife v. Miranda,
133 S.W.3d 217, 226 (Tex. 2004); Mayhew v. Town of
Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). Accordingly,
we review a county court's dismissal of an appeal from a
justice court under a de novo standard. Laird v.
Benton, 470 S.W.3d 572, 574 (Tex. App.-Houston [1st
Dist.] 2015, no pet.).
cases are governed by Rules 500-507 and 510 of Part V of the
Rules of Civil Procedure. To the extent of any conflict
between Rule 510 and the rest of Part V, Rule 510
applies." Tex.R.Civ.P. 500.3(d). Rule 510.9 provides the
requirements and deadlines for filing an appeal bond in an
eviction case. See Tex. R. Civ. P. 510.9. To perfect
an appeal from a justice court to a county court, the
appealing party must file an appeal bond or a statement of
inability to pay within five days after the judgment of the
justice court is signed. See Tex. R. Civ. P.
parties agree that Sherrod timely filed an appeal bond.
However, Sherrod's appeal bond was defective because the
justice court set the appeal bond at $10, 000 and Sherrod
filed an appeal bond of only $500. Sherrod attempted to
remedy the defect by filing an appeal bond of $10, 000 the
following day. The county court did not permit Sherrod to
remedy the defective appeal bond and dismissed his appeal for
want of jurisdiction after considering Rogers's motion to
argues that his timely filed, but defective, appeal bond was
sufficient to invoke the jurisdiction of the county court. We
agree. In Walker v. Blue Water Garden
Apartments, 776 S.W.2d 578 (Tex. 1989), the Texas
Supreme Court addressed the sufficiency of a defective
appellate instrument in the context of an eviction suit. The
We have consistently held with respect to all such methods of
perfecting appeal that the factor which determines whether
jurisdiction has been conferred on the appellate court is not
the form or substance of the bond, certificate or affidavit,
but whether the instrument "was filed in a ...