Legal Opinion

It's the Berrys, LLC v. Edom Corner, LLC

Texas Court of Appeals, 7th District (Amarillo)

Decided October 28, 2008No. 07-06-0390-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

JAMES T. CAMPBELL, Justice.

Appellant It’s the Berry’s, LLC d/b/a Mary Ellen’s (Berry’s) complains of a district court judgment granting possession of its leasehold to its landlord, appellee Edom Corner, LLC. Brought as an action for forcible detainer in justice court, the case was transferred to district court and there tried as though that court possessed original subject matter jurisdiction. Finding the district court lacked original subject matter jurisdiction to try an eviction suit, we will sever, vacate and dismiss the forcible detainer suit and affirm the remainder of the…

2Cases cited25 opinions

  1. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  2. Messenger v. AndersonSupreme Court of the United States · 1912
  3. Subaru of America, Inc. v. David McDavid Nissan, Inc.Texas Supreme Court · 2002
  4. Dubai Petroleum Co. v. KaziTexas Supreme Court · 2000
  5. Hudson v. WakefieldTexas Supreme Court · 1986

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3Cited by26 opinions

  1. Castro v. McNabb, Texas Court of Appeals, 8th District (El Paso)2009
  2. Entergy Corp. v. JenkinsCourt of Appeals of Texas · 2015
  3. Kassim v. CARLISLE INTERESTS, INC., Texas Court of Appeals, 5th District (Dallas)2010
  4. Jack Lewis Bynum v. Harold Ray Lewis, Texas Court of Appeals, 12th District (Tyler)2013
  5. Westwood Shores Country Club and Tim Williams, Appellants/Cross-Appellees v. Bert Lee Hendrickson, Sr., Appellee/Cross-Appellant, Texas Court of Appeals, 12th District (Tyler)2013

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