in the Interest and Protection of R.G.P. ( 2009 )


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    MEMORANDUM OPINION
    No. 04-08-00755-CV
    Shannon L. JOHNSON,
    Appellant
    v.
    David D’ANGELO and Hayley D’Angelo,
    Appellees
    From the County Court at Law No. 3, Bexar County, Texas
    Trial Court No. 30-S-08-00375-01
    Honorable David J. Rodriguez, Judge Presiding
    PER CURIAM
    Sitting:          Phylis J. Speedlin, Justice
    Rebecca Simmons, Justice
    Steven C. Hilbig, Justice
    Delivered and Filed: May 20, 2009
    DISMISSED FOR WANT OF JURISDICTION
    Based on our review of the record and applicable law, we conclude that we do not have
    jurisdiction in this appeal arising out of a suit filed in small claims court, and therefore dismiss the
    appeal.
    04-08-00755-CV
    Under section 28.052 of the Texas Government Code, if the amount in controversy exceeds
    $250, a dissatisfied party may appeal the final judgment of the small claims court to the county court
    or county court at law. TEX . GOV ’T CODE ANN . § 28.052 (Vernon Supp. 2008); see TEX . R. CIV . P.
    571-574b. In the instant case, on September 15, 2008, the justice of the peace signed a judgment in
    a small claims lawsuit for $948.17 in favor of appellees. Appellant filed a motion for new trial
    which was denied on September 18, 2008. Thereafter, appellant filed a “Motion and Notice of
    Appeal and Affidavit of Sufficient Cause for Appeal, and Affidavit of Inability to Post Appeal Bond”
    on September 22, 2008; the justice of the peace denied the right of appeal and affidavit of indigence
    the same day. On September 26, 2008, appellant timely sought a de novo review of the matter in the
    county court at law. See TEX . R. CIV . P. 572 (upon filing of affidavit of inability to pay appeal bond,
    it is the duty of the justice of the peace to determine the party’s right to appeal; if the right of appeal
    is denied by the justice court, appellant may within five days bring the matter before the county judge
    for a de novo, final decision). The county court at law denied appellant’s affidavit of indigence and
    right of appeal on October 6, 2008. Appellant thereafter filed a notice of appeal which was
    forwarded to this court. From our initial review of the record it appeared that we do not have
    jurisdiction to review the county court at law’s decision in an appeal from a suit originating in small
    claims court. Therefore, we ordered appellant to show cause in writing why this appeal should not
    be dismissed for lack of jurisdiction. Appellant filed a response arguing that this court does have
    jurisdiction over this appeal. We disagree.
    Section 28.053 of the Texas Government Code authorizes the county court or county court
    at law to dispose of small claims appeals, and provides that the judgment of the county court or
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    04-08-00755-CV
    county court at law on the appeal is final. TEX . GOV ’T CODE ANN . § 28.053(a), (d) (Vernon 2004).
    Therefore, the courts of appeal do not have jurisdiction to review a county court at law’s decision
    on a small claims appeal. See Sultan v. Mathew, 
    178 S.W.3d 747
    , 748 (Tex. 2005); see also Lister
    v. Walters, 
    247 S.W.3d 381
    , 383 (Tex. App.—Texarkana 2008, no pet.); Oropeza v. Valdez, 
    53 S.W.3d 410
    , 411-12 (Tex. App.—San Antonio 2001, no pet.); Howell Aviation Services v. Aerial
    Ads, Inc., 
    29 S.W.3d 321
    , 323 (Tex. App.—Dallas 2000, no pet.); Williamson v. A-1 Elec. Auto
    Serv., 
    28 S.W.3d 731
    , 731-32 (Tex. App.— Corpus Christi 2000, pet. dism’d w.o.j.); A-Rocket
    Moving & Storage v. Gardner, No. 14-99-01380-CV, 
    2001 WL 333447
    , at *1 (Tex. App.— Houston
    [14th Dist.] April 5, 2001, no pet.)(not designated for publication); Lederman v. Rowe, 
    3 S.W.3d 254
    , 256 (Tex. App.—Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 
    997 S.W.2d 296
    , 297
    (Tex. App.—Fort Worth 1999, pet. denied). Accordingly, this appeal is dismissed for lack of
    jurisdiction. See TEX . R. APP . P. 42.3(a).
    PER CURIAM
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