Shawn L. Dunn v. Jeanna Pegado, TDCJ Program

• Court: Court of Appeals of Texas
• Decided: March 1, 2023
• Docket: 10-23-00023-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00023-CV

SHAWN L. DUNN, Appellant v.

JEANNA PEGADO, TDCJ PROGRAM, Appellee

From the County, Texas Trial Court No.

MEMORANDUM OPINION

Appellant, Shawn L. Dunn, filed his pro se notice of appeal on January 19, 2023,

challenging an order of dismissal signed by a Justice of the Peace. On January 24, 2023,

we sent a letter explaining it does not appear that this Court has jurisdiction over an

appeal from a dismissal order signed by a Justice of the Peace. We also warned appellant

that this appeal is subject to dismissal unless, within ten days of our January 24, 2023

letter, a response is filed showing grounds for continuing this appeal. On February 13, 2023, appellant filed a response. However, he has not adequately

explained how this Court has jurisdiction over an appeal from a dismissal order signed

by a Justice of the Peace. See TEX. R. CIV. P. 506.3 (“The case must be tried de novo in the

county court.”); Crumpton v. Stevens, 936 S.W.2d 473, 476 (Tex. App.—Fort Worth 1996,

no writ) (“An appeal from a justice court judgment is tried de novo in the county or

district court.”); see also Abbott v. Hearthwood I Ass’n, No. 14-18-00333-CV, 2020 Tex. App.

LEXIS 1814, at *4 (Tex. App.—Houston [14th Dist.] Mar. 3, 2020, no pet.) (mem. op.) (“An

appeal from a justice court judgment is tried de novo in the county or district court.”).

We therefore dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed March 1, 2023 [CV06]

Dunn v. Pegado Page 2