Liliane Ndagang v. Ereyhon Denise Foster

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

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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

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