Restitution Revival, an Unincorporated Religious Association v. Waco Independent School District, an Independent School District

• Court: Court of Appeals of Texas
• Decided: October 15, 2003
• Docket: 10-02-00248-CV
• Status: Published

Opinion

Restituton Revival v. WISD

IN THE

TENTH COURT OF APPEALS

No. 10-02-248-CV

     RESTITUTION REVIVAL,

     AN UNINCORPORATED RELIGIOUS

     ASSOCIATION,

                                                                              Appellant

     v.

     WACO INDEPENDENT SCHOOL DISTRICT,

     AN INDEPENDENT SCHOOL DISTRICT,

                                                                              Appellee

From the County Court at Law No. 1

McLennan County, Texas

Trial Court # 20011267 CV1

MEMORANDUM OPINION

      This is an appeal of a condemnation proceeding. Neither party filed objections to the special commissioner’s findings, and the trial court entered the findings in a judgment. See Tex. Prop. Code Ann. §§ 21.018 & 21.061 (Vernon 1984). It is well settled that a judgment which a court renders on the basis of an award to which there have been no objections is the judgment of a special tribunal and is not, therefore, a judgment from which an appeal will lie. Rose v. State, 497 S.W.2d 444, 445 (Tex. 1973); Pearson v. State, 315 S.W.2d 935, 938 (Tex. 1958); Patrick Media Group, Inc., v. Dallas Area Rapid Transit, 879 S.W.2d 375, 376-77 (Tex. App.—Eastland 1994, writ denied). Absent any objections to the commissioner’s findings, we have no jurisdiction to entertain this appeal. See Patrick, 879 S.W.2d at 377.

      The appeal is dismissed.

                                                                   TOM GRAY

                                                                   Justice

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

      (Chief Justice Davis not participating)

Dismissed

Opinion delivered and filed October 15, 2003

[CV06]