David Scot Lynd v. Geico Insurance

• Court: Court of Appeals of Texas
• Decided: May 24, 2000
• Docket: 10-00-00135-CV
• Status: Published

Opinion

David Scot Lynd v. Geico Insurance

IN THE

TENTH COURT OF APPEALS

No. 10-00-135-CV

     DAVID SCOT LYND,

                                                                              Appellant

     v.

     GEICO INSURANCE,

                                                                              Appellee

From the County Court at Law No. 1

Dallas County, Texas

Trial Court # CC-99-11895-A

MEMORANDUM OPINION

      David Scot Lynd filed suit against Geico Insurance Company in the Small Claims Court of Dallas County. See Tex. Gov’t Code Ann. § 28.001 (Vernon 1988). The Small Claims Court rendered a take-nothing judgment against Lynd, and he appealed to the County Court at Law No. 1 of Dallas County. See id. § 28.052 (Vernon 1988). The County Court at Law No. 1 signed a take-nothing judgment against Lynd on January 27, 2000.

      Lynd filed a notice of appeal with the trial court clerk on February 10. Upon review of Lynd’s notice of appeal, we advised him by letter dated April 27 that his appeal in this Court appears to be subject to dismissal for want of jurisdiction because the appeal of a small claims court judgment is final in the county court at law. See Tex. Gov’t Code Ann. § 28.053(d) (Vernon 1988); 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). We warned Lynd in this letter that his appeal would be dismissed unless he filed a response within ten days thereafter demonstrating grounds for continuing his appeal.

      Lynd has filed a written response asserting only the reasons he believes the actions of the courts below are improper. He does not cite any authorities (and our research has revealed none) which would give us jurisdiction to hear the merits of his case. Therefore, because the appeal of a small claims court judgment is final in the county court at law, we dismiss this appeal for want of jurisdiction. Costs are taxed against Lynd.

                                                                         PER CURIAM

Before Chief Justice Davis

      Justice Vance and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed May 24, 2000

Do not publish