Douglas R. Tonge v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 21, 2024
• Docket: 03-24-00055-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00055-CV

Douglas R. Tonge, Appellant

v.

The State of Texas, Appellee

FROM THE JUSTICE COURT PRECINCT 5 OF TRAVIS COUNTY NO. J5-CV-21-258894, THE HONORABLE RICK RICO OLIVO, JUDGE PRESIDING

MEMORANDUM OPINION

Douglas R. Tonge attempts to appeal from a judgment of a justice court. By letter

dated February 1, 2024, the Court questioned its jurisdiction and asked appellant to file a

response by February 12, 2024, explaining how this Court may exercise jurisdiction over this

matter. The notice advised appellant that failure to file a response could result in dismissal of the

appeal for want of jurisdiction. Appellant has not filed a response to date.

This Court’s jurisdiction is limited to appeals from judgments by district or

county courts within our district boundaries. Tex. Gov’t Code § 22.220(a). Appeals from justice

courts generally must be brought in the county court. Tex. Civ. Prac. & Rem. Code § 51.001(a).

Consequently, a notice of appeal from a judgment of a justice court does not invoke this Court’s

appellate jurisdiction. See Reese v. Scott, No. 03-22-00647-CV, 2022 WL 17096685, at *1 (Tex.

App.—Austin Nov. 22, 2022, no pet.) (mem. op.); McCuin v. Vinyard at the Ranch, No. 05-19-00992-CV, 2019 WL 5128136, at *1 (Tex. App.—Dallas Oct. 7, 2019, no pet.) (mem.

op.). Because this Court lacks jurisdiction to hear appeals from justice courts, we dismiss this

appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Chief Justice Byrne, Justices Smith and Theofanis

Dismissed for Want of Jurisdiction

Filed: February 21, 2024