Appeal from the County Civil Court at Law No. 4 Harris
County, Texas Trial Court Case No. 1122104.
consists of Lloyd, Goodman, and Landau, Justices.
county court entered an order denying Isaias Ivan Garcia
Martinez's appeal from a judgment of eviction on the
basis that he did not timely perfect his appeal and the court
therefore lacked jurisdiction to hear the appeal. Because we
agree that Martinez did not timely perfect his appeal from
the underlying judgment of eviction, we do not have
jurisdiction to hear this appeal and therefore dismiss it.
Park, Inc. filed an eviction suit in justice court against
its tenant, Martinez, alleging that he failed to pay his rent
and refused to vacate the premises. After a trial, the
justice court rendered a judgment in Kanga Park's favor.
The justice court set Martinez's appeal bond at $7, 862.
appealed from the adverse judgment to the county court. In
lieu of an appeal bond or cash deposit, he filed in the
justice court a statement of his inability to afford an
appeal bond or to make a cash deposit.
Park contested Martinez's statement of inability. After a
hearing, the justice court sustained Kanga Park's contest
and ordered Martinez to file an appeal bond or make a cash
deposit in lieu of bond within 5 days. Martinez appealed from
this ruling to the county court. The county court likewise
sustained Kanga Park's contest but reduced the amount of
Martinez's appeal bond to $1, 000.
Park objected to the reduction in the bond amount and
scheduled an emergency hearing on the matter. But Kanga Park
ultimately decided not to pursue this objection and passed
the hearing. The county court never ruled on Kanga Park's
days after the county court issued its order reducing the
bond amount and one day after the emergency hearing had been
scheduled to take place, Martinez deposited $1, 000 into the
registry of the justice court, which sent the case file to
the county court to hear Martinez's appeal from the
adverse judgment rendered in the eviction suit. After a
hearing, however, the county court denied Martinez's
appeal on the basis that he had not timely perfected his
appeal and the county court therefore lacked jurisdiction to
now appeals from the county court's order denying his
county court ruled that it lacked jurisdiction to hear
Martinez's appeal because he did not timely perfect it.
The existence of jurisdiction to hear an appeal is a legal
question, which we review de novo. Pichini v. Fed.
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