VACATE AND DISMISS and Opinion Filed May 18, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-01170-CV 

KRIS BRISCOE, Appellant 

V. 

BRAZOS TX PARTNERS, LLC D/B/A CORTLAND GLADE PARKS, 

Appellee 

On Appeal from the County Court at Law No. 2 

Collin County, Texas 

Trial Court Cause No. 002-04276-2021 

MEMORANDUM OPINION 

Before Justices Molberg, Reichek, and Garcia 

Opinion by Justice Reichek 

 The underlying lawsuit for damages began in the justice court and was filed 

in the county court as an appeal from the justice court’s summary judgment. 

Appellant appeals from the county court’s order granting appellee’s motion to 

dismiss as untimely and remanding the case to the justice court. After reviewing the 

clerk’s record, we questioned our jurisdiction over the appeal and directed appellant 

to file a letter brief with an opportunity for appellee to respond. 

 This Court’s jurisdiction over the merits of a case extends no further than that 

of the court from which the appeal is taken. See Dallas Cty. Appraisal Dist. v. Funds 
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Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied). If the 

trial court lacked jurisdiction, then an appellate court only has jurisdiction to set the 

judgment aside and dismiss the cause. See id. 

 A party in a justice court may appeal to the county court only from a final 

judgment that disposes of all parties and claims. See TEX. CIV. PRAC. & REM. CODE 

ANN. § 51.001(a); TEX.R.CIV. P. 506.3; Lehmann v. Har-Con Corp. 39 S.W.3d 191, 

195 (Tex. 2001). Based on the record before the Court, the justice court has not 

rendered a final judgment. In its answer filed in the justice court, appellee asserted 

a counterclaim for attorney’s fees. The justice court’s order granting appellee’s 

motion for summary disposition and ordering that appellant take nothing on her 

claims did not dispose of the counterclaim. Thus, the justice court’s summary 

judgment was interlocutory and the county court did not acquire jurisdiction. See 

id. 39 S.W.3d at 195. 

 In her letter brief, appellant does not dispute the summary judgment is not 

final. She then addresses the merits and asserts that both the justice court erred in 

granting summary judgment and the county court erred in dismissing her case as 

untimely. We do not reach the merits of the underlying action. When, as here, the 

county court lacked jurisdiction, we have jurisdiction only to set aside the order and 

dismiss the cause. See Funds Recovery, Inc., 887 S.W.2d at 468. Accordingly, we 
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vacate the county court’s December 17, 2021 “Order Remanding Case to Justice 

Court for Want of Jurisdiction” and dismiss the cause. See id.

211170F.P05 

 

/Amanda L. Reichek/

AMANDA L. REICHEK 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

KRIS BRISCOE, Appellant 

No. 05-21-01170-CV V. 

BRAZOS TX PARTNERS, LLC 

D/B/A CORTLAND GLADE 

PARKS, Appellee 

 On Appeal from the County Court at 

Law No. 2, Collin County, Texas 

Trial Court Cause No. 002-04276-

2021. 

Opinion delivered by Justice 

Reichek. Justices Molberg and 

Garcia participating. 

 In accordance with this Court’s opinion of this date, we VACATE the trial 

court’s December 17, 2021 “Order Remanding Case to Justice Court for Want of 

Jurisdiction” and dismiss the cause. 

Judgment entered May 18, 2022