Anto Ilicic v. Michael O. Jones ( 2006 )

NO. 07-06-0334-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 28, 2006
______________________________
ANTO ILICIC, APPELLANT
V.
MICHAEL O. JONES, APPELLEE
_________________________________
FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;
NO. 93,210-2; HONORABLE PAMELA COOK SIRMON, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Anto Ilicic, attempts to appeal from a judgment rendered against him in
the County Court At Law No. 2 of Potter County, Texas. We dismiss for want of
jurisdiction.
Appellant was sued by appellee in small claims court for damages. After a take
nothing judgment was entered against appellee, appellee perfected an appeal to the
County Court At Law No. 2 of Potter County. At the conclusion of a bench trial, appellee
was granted judgment against appellant in the amount of $1,200 plus cost. It is from this
judgment that appellant is attempting to appeal.
Section 28.053(d) of the Texas Government Code controls the disposition of this
matter. The Texas Government Code provides: “Judgment of the county court or county
court at law on appeal is final.” TEX . GOV’T CODE ANN . § 28.053(d) (Vernon 2004). The
Texas Supreme Court has interpreted this provision to mean that the judgment of the
county court at law is not appealable to the court of appeals. Sultan v. Mathew, 178
S.W.3d 747, 752 (Tex. 2005). The courts of appeals lack jurisdiction to hear an appeal
from a case originating in small claims court. Id. Accordingly, we dismiss this appeal for
want of jurisdiction. TEX . R. APP. P. 42.3(a).
Mackey K. Hancock
Justice
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