Ivie Fenoi-Lynch v. First National Bank of Omaha
Docket 04-26-00093-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 04-26-00093-CV
Appeal from a justice-court judgment; Fourth Court of Appeals reviewed whether it had jurisdiction after the county court at law had not signed a final judgment.
Summary
The court dismissed an appeal by Ivie Fenoi-Lynch for lack of jurisdiction. Fenoi-Lynch filed a notice of appeal from a justice court judgment, but the appellate record shows the case continued in the county court at law and no final judgment was signed by that county court. The Fourth Court of Appeals explained it only has jurisdiction over appeals from district or county courts in its district and only over final judgments; a notice of appeal from a justice court does not invoke this court’s jurisdiction. Fenoi-Lynch’s response to a show-cause order did not cure the jurisdictional defect.
Issues Decided
- Whether the Fourth Court of Appeals has jurisdiction over an appeal filed from a justice court judgment
- Whether an appeal may proceed in the court of appeals when the county court at law has not signed a final judgment
Court's Reasoning
The court’s jurisdiction is limited to appeals from district or county courts within its district and generally only over final judgments. A notice of appeal from a justice court does not invoke the court of appeals’ jurisdiction because appeals from justice courts are brought in the county court. The clerk’s record contained no final judgment signed by the county court at law, and the appellant’s response to the show-cause order did not establish jurisdiction, so dismissal was required.
Authorities Cited
- Texas Government Code § 22.220(a)TEX. GOV’T CODE ANN. § 22.220(a)
- Texas Civil Practice and Remedies Code § 51.001(a)TEX. CIV. PRAC. & REM. CODE ANN. § 51.001(a)
- Rush Truck Centers of Texas, L.P. v. Sayre718 S.W.3d 233 (Tex. 2025)
Parties
- Appellant
- Ivie Fenoi-Lynch
- Appellee
- First National Bank of Omaha
- Judge
- Honorable David J. Rodriguez
Key Dates
- trial_court_judgment_date
- 2024-10-21
- notice_of_appeal_filed
- 2026-02-04
- show_cause_deadline
- 2026-03-27
- decision_date
- 2026-04-15
What You Should Do Next
- 1
Confirm county court judgment status
Check with the county court at law clerk to determine whether and when a final judgment will be signed and obtain certified copies when entered.
- 2
If final judgment is signed, file a new appeal
If and when the county court at law signs a final judgment, file a timely notice of appeal in the appropriate appellate court and ensure the record is complete.
- 3
Consult an attorney
Speak with appellate counsel to confirm the correct appellate pathway and to evaluate whether any procedural remedies or motions are available given the dismissal.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because it lacked authority to hear an appeal from a justice court and there was no final judgment from the county court at law.
- Who is affected by this decision?
- Appellant Ivie Fenoi-Lynch and the appellee, First National Bank of Omaha, are directly affected because the attempted appeal in this court was dismissed.
- What happens next in the case?
- Because the county court at law has not signed a final judgment, the proper next step is to pursue any appeal through the county court process or wait for a final county-court judgment before seeking review in the court of appeals.
- Can this dismissal be appealed?
- This court’s dismissal is based on lack of jurisdiction and is final in this court; a party would need to seek relief only after a proper final judgment is entered by the county court or potentially seek extraordinary relief in a higher court in limited circumstances.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00093-CV
Ivie FENOI-LYNCH,
Appellant
v.
FIRST NATIONAL BANK OF OMAHA,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2024CV10702
Honorable David J. Rodriguez, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: April 15, 2026
DISMISSED FOR LACK OF JURISDICTION
On February 4, 2026, appellant Ivie Fenoi-Lynch filed a notice of appeal from an October
21, 2024 judgment signed by a justice court. The clerk’s record indicates that the justice court
proceedings continued in the County Court at Law No. 3 of Bexar County, Texas. However, the
county court at law has signed no final judgment.
This court’s jurisdiction is limited to appeals from judgments by district or county courts
within our district boundaries. TEX. GOV’T CODE ANN. § 22.220(a). Appeals from justice courts
04-26-00093-CV
generally must be brought in the county court. TEX. CIV. PRAC. & REM. CODE ANN. § 51.001(a).
Consequently, a notice of appeal from a judgment of a justice court does not invoke this court’s
appellate jurisdiction. See Reese v. Scott, No. 03-22-00647-CV, 2022 WL 17096685, at *1 (Tex.
App.—Austin Nov. 22, 2022, no pet.) (mem. op.); McCuin v. Vinyard at the Ranch, No. 05-19-
00992-CV, 2019 WL 5128136, at *1 (Tex. App.—Dallas Oct. 7, 2019, no pet.) (mem. op.).
Additionally, “[c]ourts of appeals generally have appellate jurisdiction only over final judgments.”
Rush Truck Centers of Tex., L.P. v. Sayre, 718 S.W.3d 233, 237 (Tex. 2025). The clerk’s record
does not include a final judgment signed by the county court at law.
On March 13, 2026, we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. We cautioned appellant that if she failed to respond by March
27, 2026, this appeal would be dismissed. See TEX. R. APP. P. 42.3(a). Appellant responded, but
her response does not establish that we have jurisdiction. Accordingly, this court has no
jurisdiction over the appeal, and we must dismiss it. See id.
PER CURIAM
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