VACATE AND DISMISS and Opinion Filed May 18, 2022 

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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 bega n 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 jurisdicti on over the appeal and directed appellant to file a letter brief with an opportunity for a ppellee 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–2– Recovery, Inc. , 887 S.W.2d 465, 468 (Tex. App.—Da llas 1994, writ denied). If the trial court lacked jurisdiction, then an a ppellate court only has ju risdiction 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 T EX
. C IV
. P RAC
. & R EM
. C ODE A NN . § 51.001(a); T EX
. R. C IV
. 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 f iled 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 orde ring that appellant take nothing on her claims did not dispose of the counterclai m. Thus, the jus tice court’s summary judgment was interlocutory an d 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 dism issing her case as untimely. We do not reach the merits of the underlying action. When, as here, the county court lacked jurisdiction, we have ju risdiction only to set aside the order and dismiss the cause. See Funds Recovery, Inc. , 887 S.W.2d at 468. Accordingly, we–3– vacate the county court’s December 17, 2021 “Order Remanding Case to Justice Court for Want of Jurisdictio n” and dismiss the cause. See id.

211170F.P05 /Amanda L. Reichek / AMANDA L. REICHEK JUSTICE–4– 

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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 Cour t’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