Allen Lee v. Tim Baker

• Court: Court of Appeals of Texas
• Decided: April 14, 2005
• Docket: 09-04-00067-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-04-067 CV

ALLEN LEE, Appellant

V.

TIM BAKER, Appellee

On Appeal from the County Court at Law No. 1

Jefferson County, Texas

Trial Cause No. 97813

MEMORANDUM OPINION ⁽¹⁾

On February 28, 2005, the appellee, Tim Baker d/b/a Baker Auto Repair, filed a motion to dismiss the appeal for lack of jurisdiction. The appellant, Allen Lee, declined to respond. We join several of our sister courts in holding that our grant of appellate jurisdiction does not extend to suits originating in small claims court.

This dispute involves non-payment for car repair services. The suit was originally filed by Lee, the car owner, in small claims court. On trial de novo in the County Court at Law, Baker, the owner of the repair shop, obtained a judgment against Lee in the principal amount of $4,000.00, excluding interest and conditional awards of attorneys' fees in the event of appeal. Lee was denied any recovery against Baker.

Lee filed notice of appeal. The appeal from a small claims court judgment is to the county court at law. Tex. Gov't Code Ann. § 28.052(a) (Vernon 1988). The judgment of the county court at law is final. Tex. Gov't Code Ann. § 28.053(d) (Vernon 1988). There is no further appeal to the Court of Appeals. Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.--Houston [1st Dist.] 1998, pet. dism'd w.o.j.); accord Savage v. Mathew, No. 14-02-01254-CV, 2003 WL 1738864 (Tex. App.--Houston [14th Dist.] 2003, mand. denied, pet. granted); Tumlinson v. Gutierrez, 55 S.W.3d 673, 674 (Tex. App.--Corpus Christi 2001, no pet.); Oropeza v. Valdez, 53 S.W.3d 410, 411-12 (Tex. App.--San Antonio 2001, no pet.); Woodlands Plumbing Co. v. Rodgers, 47 S.W.3d 146, 148 (Tex. App.--Texarkana 2001, pet. denied); Howell Aviation Servs. v. Aerial Ads, Inc., 29 S.W.3d 321, 322-24 (Tex. App.--Dallas 2000, no pet.); Lederman v. Rowe, 3 S.W.3d 254, 255-56 (Tex. App.--Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 997 S.W.2d 296, 297 (Tex. App.--Fort Worth 1999, pet. denied).

The appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 14, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.

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