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Darlene C. Amrhein-Macon v. William Wood, C. Jane Thacker, Gray Shelton ( 2005 )


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  •   COURT OF APPEALS

    SECOND DISTRICT OF TEXAS
    FORT WORTH

    NO. 2-05-158-CV


    DARLENE C. AMRHEIN-MACON                                              APPELLANT

    V.

    WILLIAM WOOD, C. JANE THACKER,                                       APPELLEES

    AND GRAY SHELTON


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    FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY

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    MEMORANDUM OPINION1

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            This suit was initiated in small claims court, and was subsequently appealed to County Court at Law No. 2 of Denton County.  The county court at law granted summary judgment against appellant Darlene C. Amrhein-Macon, and this appeal ensued.  We dismiss this appeal for want of jurisdiction.

            According to the Texas Government Code, an appeal from a small claims court judgment is to a county court in a de novo proceeding and the judgment of the county court or county court at law on the appeal is final.  See Tex. Gov’t Code Ann. § 28.053 (Vernon 2005).  In Gaskill v. Sneaky Enterprises, Inc., 997 S.W.2d 296, 297 (Tex. App.—Fort Worth 1999, pet. denied) we held that there can be no further appeal from a county court judgment after an appeal through a trial de novo of a small claims court judgment.  Our sister courts are in accord with this position.  See Howell Aviation Servs. v. Aerial Ads, Inc., 29 S.W.3d 321, 323-24 (Tex. App.—Dallas 2000, no pet.); Williamson v. A-1 Elec. Auto Serv., 28 S.W.3d 731, 732 (Tex. App.—Corpus Christi 2000, no pet.); Lederman v. Rowe, 3 S.W.3d 254, 256 (Tex. App.—Waco 1999, no pet.); Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.—Houston [1st Dist.] 1998, pet. dism'd w.o.j.).  The legislature could not have been clearer when it stated that such an appeal in the county court is “final.”  Gaskill, 997 S.W.2d at 297.

            Accordingly, we dismiss this appeal for want of jurisdiction.

      

                                                              PER CURIAM


     

    PANEL D:   GARDNER, WALKER, and MCCOY, JJ.

    DELIVERED: July 14, 2005

    NOTES

    1. See Tex. R. App. P. 47.4.