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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

CivilDismissed
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. 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. 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. 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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