Liliane Ndagang v. Ereyhon Denise Foster - Case Dismissed
Summary
The Texas Court of Appeals, 3rd District, dismissed the case of Liliane Ndagang v. Ereyhon Denise Foster for want of jurisdiction. The court found that appeals from justice court judgments should be filed in the county or district court, not directly with the court of appeals.
What changed
The Texas Court of Appeals, 3rd District, has dismissed the case Liliane Ndagang v. Ereyhon Denise Foster (Docket No. 03-26-00206-CV) for want of jurisdiction. The court determined that appeals from justice court judgments, including petitions for writ of certiorari, must be filed in the county or district court, not the court of appeals. This ruling clarifies the proper appellate path for such cases.
This dismissal means the case will not proceed at the appellate level as filed. Legal professionals handling appeals from justice courts in Texas must ensure they file their petitions with the correct court (county or district court) to avoid dismissal. Failure to adhere to these jurisdictional requirements will result in the case being rejected by the appellate court.
What to do next
- Ensure all appeals from justice court judgments are filed with the appropriate county or district court.
- Review internal procedures for handling appeals from justice court decisions to align with jurisdictional requirements.
Source document (simplified)
Jump To
Top Caption Disposition Lead Opinion
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 13, 2026 Get Citation Alerts Download PDF Add Note
Liliane Ndagang v. Ereyhon Denise Foster
Texas Court of Appeals, 3rd District (Austin)
- Citations: None known
- Docket Number: 03-26-00206-CV
- Nature of Suit: Miscellaneous/other civil
Disposition: Dismissed for Want of Jurisdiction
Disposition
Dismissed for Want of Jurisdiction
Lead Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00206-CV
Liliane Ndagang, Appellant
v.
Ereyhon Denise Foster, Appellee
FROM THE JUSTICE COURT PRECINCT FOUR OF WILLIAMSON COUNTY
NO. 4SC-25-0141, THE HONORABLE RHONDA REDDEN, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Liliane Ndagang filed a petition for writ of certiorari1 from the
justice court’s default judgment rendered against her. This Court is obligated to determine, sua
sponte, whether we lack jurisdiction over a matter. Freedom Commc’ns, Inc. v. Coronado,
372 S.W.3d 621, 624 (Tex. 2012). “Jurisdiction over an appeal of a justice court judgment lies
in the county or district court.” Tejas Elevator Co. v. Concord Elevator, Inc., 982 S.W.2d 578,
579 (Tex. App.—Dallas 1998, no pet.); Automania, L.L.C. v. May, No. 03-03-00592-CV,
2004 WL 852275, at *1 (Tex. App.—Austin Apr. 22, 2004, no pet.) (mem. op.); see Tex. Const.
art. 5, § 6 (delineating jurisdiction of courts of appeals); Tex. Civ. Prac. & Rem. Code
§ 51.001(a) (“In a case tried in justice court . . . a party to a final judgment may appeal to the
county court.”). Additionally, as an intermediate court of appeals, our authority to issue writs is
1
Ndagang also referred to this as an “appeal” from the justice court’s default judgment.
limited to writs of mandamus, writs of habeas corpus, and writs necessary to enforce our
jurisdiction. Compare Tex. R. Civ. P. 506.4(a) (“After final judgment in a case tried in justice
court, a party may apply to the county court for a writ of certiorari.”), with Tex. Gov’t Code
§ 22.221(a), (d) (detailing writ authority of intermediate courts of appeals).
On February 26, 2026, we notified the parties that this case appeared to
suffer from a jurisdictional defect. We requested that appellant respond to our notice by
March 10, 2026, and informed her that the failure to do so could result in the dismissal of this
appeal. Appellant filed a response on March 5, 2026, alleging that the county clerk’s office
refused to docket her petition for writ of certiorari and that she was not given notice of the final
default hearing in the original justice court case. These alleged defects do not vest this Court
with jurisdiction to review a justice court’s final judgment or to issue a writ against a justice of
the peace. See Tex. Gov’t Code § 22.221(b); Tejas Elevator Co., 982 S.W.2d at 579.
Accordingly, we conclude that we lack jurisdiction over this cause, and we dismiss it for want of
jurisdiction. See Tex. R. App. P. 42.3(a).
Maggie Ellis, Justice
Before Justices Triana, Kelly, and Ellis
Dismissed for Want of Jurisdiction
Filed: March 13, 2026
2
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Texas Court of Appeals publishes new changes.