Anthony L. Martin v. Kathleen Vaughan

Opinion

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Anthony L. Martin 

            Appellant 

Vs.                  No. 11-02-00133-CV – Appeal from Dallas County

Kathleen Vaughan 

            Appellee

            Anthony L. Martin appeals from an order of the county court at law in which the court denied Martin’s pauper’s affidavit on appeal from justice court. We dismiss this appeal.

            Kathleen Vaughan filed a small claims suit in justice court against Martin for nonpayment of salary. The justice court entered a judgment for Vaughan in the amount of $2,884. Martin attempted to appeal that judgment to the county court at law, and he filed a pauper’s affidavit in accordance with TEX.R.CIV.P. 572. When the justice court denied his pauper’s affidavit, Martin appealed that denial to the county court at law as provided for by Rule 572. The county court at law reviewed the denial de novo and affirmed the justice court. Martin attempts to appeal that judgment to this court.

            TEX. GOV’T CODE ANN. § 28.053 (Vernon 1988) provides that an appeal to a county court or to a county court at law from a small claims court is final. The word “final” means that there is no further appeal beyond the county court or county court at law. Howell Aviation Services v. Aerial Ads, Inc., 29 S.W.3d 321 (Tex.App. – Dallas 2000, no pet’n); Williamson v. A-1 Electric Auto Service, 28 S.W.3d 731 (Tex.App. – Corpus Christi 2000, pet’n dism’d w.o.j.); Gaskill v. Sneaky Enterprises, Inc., 997 S.W.2d 296 (Tex.App. – Fort Worth 1999, pet’n den’d).

            Here, the record shows, and the county court at law found, that this was an appeal to the county court at law from the small claims court. The county court at law reviewed the record, denied the pauper’s affidavit, and ordered Martin to pay security in order to continue with his appeal. The county court at law judgment is final. Therefore, we do not have jurisdiction in this case.

            We dismiss Martin’s appeal for want of jurisdiction.

                                                                                                JIM R. WRIGHT

                                                                                                JUSTICE

November 20, 2003

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.