Bui v. METRO of Harris County (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam
dismissal) (attempted appeal from commissioners' award in condemnation case dismissed for lack of
DISMISSED: Per Curiam
Before Justices Brock Yates, Seymore and Brown
14-09-01064-CV Ngocdung Thi Bui, et al v. Metropolitan Transit Authority of Harris County
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle
This is an attempted appeal from a special commissioners’ award in a condemnation case. The record
reflects that appellants filed notice of appeal to the County Court at Law on December 4, 2009. If either
party timely files an objection to the commissioners’ award, the county court is invested with jurisdiction of
the subject matter of the case, not the court of appeals. See Denton County v. Brammer, 361 S.W.2d 198,
200 (Tex.1962); see also Tex. Prop. Code Ann. § 21.018 (Vernon 2004) (providing party to condemnation
proceeding may file objections in court that has jurisdiction, which shall cite adverse party and try case in
same manner as other civil causes).
On January 5, 2010, notification was transmitted to the parties of this court’s intention to dismiss the
appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the
appeal on or before January 19, 2010. See Tex. R. App. P. 42.3(a).
Appellants filed no response.
Accordingly, the appeal is ordered dismissed.
Panel consists of Justices Yates, Seymore, and Brown.