Lucille R. Kelley v. Land Rover Houston

• Court: Court of Appeals of Texas
• Decided: January 6, 2005
• Docket: 01-03-01056-CV
• Status: Published

Opinion

Opinion issued January 6, 2005.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-01056-CV

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LUCILLE R. KELLEY, Appellant

V.

LAND ROVER HOUSTON, Appellee

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On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 785,396

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MEMORANDUM OPINION

          Appellee, Land Rover Houston, filed a motion to dismiss the appeal filed by appellant, Lucille R. Kelley. The motion contends that this Court lacks jurisdiction to consider this appeal. We agree.

          For purposes of this appeal and the question of this Court’s jurisdiction, the facts are not complicated. The suit was initiated in Harris County small claims court. The final judgment rendered and signed by that court was appealed to the County Civil Court at Law No. 2 of Harris County. The county civil court at law entered its final judgment, and that judgment is now before us in this appeal.

          The right granted to appeal from a small claims court judgment is “[t]o the county court or county court at law,” Tex. Gov’t Code Ann. § 28.052(a) (Vernon 1988), the judgment of which “on the appeal is final.” Id. § 28.053(d) (Vernon 1988). The word “final” as used in section 28.053(d) needs no definition. It means that there is no further appeal beyond the county court or county court at law. Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.—Houston [1st Dist.] 1998, pet. dism’d w.o.j.) Courts must take unambiguous statutes as they find them. St. Luke’s Episcopal Hosp. v. Agbor, 952 S.W.2d 503, 505 (Tex.1997).

Conclusion

          We dismiss the appeal for want of jurisdiction. Any outstanding motions are denied as moot.

                                                                        George C. Hanks, Jr.

                                                                        Justice

Panel consists of Justices Nuchia, Hanks, and Higley.