Allen Glenn Thomas v. Texas Department of Criminal Justice Officers

• Court: Court of Appeals of Texas
• Decided: July 23, 2015
• Docket: 11-15-00144-CV
• Status: Published

Opinion

Opinion filed July 23, 2015

In The

Eleventh Court of Appeals __________

No. 11-15-00144-CV __________

ALLEN GLENN THOMAS, Appellant V. TEXAS DEPARTMENT OF CRIMINAL JUSTICE OFFICERS, Appellees

On Appeal from the Justice Court Jones County, Texas Trial Court Cause No. 2113

MEMORANDUM OPINION Allen Glenn Thomas, Appellant, filed a pro se notice of appeal in this court on June 26, 2015. In the notice of appeal, Appellant states that he is appealing to this court from an order of dismissal entered on June 17, 2015, by the judge of the Justice of the Peace-Small Claims Court of Jones County. We notified Appellant by letter dated June 26, 2015, that it did not appear to this court that we had jurisdiction in this matter, and we requested that Appellant file a response showing grounds to continue this appeal. Appellant filed a response but has not shown grounds upon which this appeal may continue. An appeal to this court may be taken “from a final judgment of the district or county court.” TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West 2015). An appeal from a justice court lies not in the court of appeals but in either the county court or district court, where a trial de novo is to take place. See id. § 51.001; TEX. GOV’T CODE ANN. § 26.042(e) (West Supp. 2014); TEX. R. CIV. P. 506. A notice of appeal from a judgment of the justice court does not invoke this court’s appellate jurisdiction. Tejas Elevator Co. v. Concord Elevator, Inc., 982 S.W.2d 578 (Tex. App.—Dallas 1998, no pet.). Appellant’s appeal is, thus, subject to dismissal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). This appeal is dismissed for want of jurisdiction.

PER CURIAM

July 23, 2015 Panel consists of: Wright, C.J., Willson, J., and Bailey, J.