Lederman v. Rowe
| Decision Date | 13 October 1999 |
| Docket Number | No. 10-98-195-CV,10-98-195-CV |
| Citation | 3 S.W.3d 254 |
| Parties | (Tex.App.-Waco 1999) PIA R. LEDERMAN, Appellant v. LISA G. ROWE, Appellee |
| Court | Texas Court of Appeals |
Before Chief Justice Davis,Justice Vance, and Justice Gray.
This action stems from a default judgment in the small claims court against Appellant Pia Lederman for damages. Lederman sought to appeal the small claims court's decision to the county court at law for a trial de novo. Pursuant to a motion to dismiss filed by Appellee Lisa Rowe, the county court at law dismissed Lederman's appeal finding it lacked jurisdiction to consider her case. After a substantial amount of other activity in the county court at law, Lederman ultimately sought to appeal various issues to this Court. We, too, must dismiss this appeal for want of jurisdiction.
According to the record before us, Rowe filed a Statement of Claim in a small claims court in Bexar County, Texas, against Lederman for damage to property. The court entered a default judgment against Lederman in the amount of $429.85. The court also denied Lederman's motion for new trial. Lederman appealed to the county court at law for a trial de novo.
The county court at law granted Rowe's motion for sanctions and also dismissed Lederman's appeal for want of jurisdiction. After Rowe submitted a statement of costs, the county court at law ordered Lederman to pay $716 in costs and $7,300 in attorney's fees to Rowe. Lederman filed a notice of appeal of the county court at law's judgment on the same day.
An appeal from a small claims court judgment is to a county court or county court at law in a de novo proceeding. TEX. GOV'T. CODE ANN. 28.053(a) & (b) (Vernon 1988). "The judgment of the county court or county court at law on the appeal is final." Id. 28.053(d) (emphasis added). Both the First Court of Appeals in Houston and the Second Court of Appeals in Fort Worth have held that there is no appeal to the court of appeals from a judgment of the county court or county court at law after a trial de novo appeal from a small claims court. Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.-Houston [1st Dist.] 1998, pet. dism'd w.o.j.); Gaskill v. Sneaky Enterprises, Inc., 997 S.W.2d 296, 297 (Tex. App.-Fort Worth 1999, n.p.h.). The reasoning is that the word "final" as used in Section 28.053(d) means the judgment on the trial de novo is not...
To continue reading
Request your trial
-
Sultan v. Mathew
...2000, no pet.); Williamson v. A-1 Elec. Auto Serv., 28 S.W.3d 731, 731-32 (Tex.App.-Corpus Christi 2000, pet. dism'd w.o.j.); Lederman v. Rowe, 3 S.W.3d 254, 256 (Tex.App.-Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 997 S.W.2d 296, 297 (Tex.App.-Fort Worth 1999, pet. denied); Auto......
-
The Woodlands Plumbing Co. v. Rodgers
...Howell Aviation Servs. v. Aerial Ads, Inc., 29 S.W.3d 321, 323 (Tex. App. Dallas 2000, no pet.); Williamson, 28 S.W.3d at 731; Lederman v. Rowe, 3 S.W.3d 254, 256 (Tex. App. Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 997 S.W.2d 296, 297 (Tex. App. Fort Worth 1999, pet. denied); D......
-
Howell Aviation Services v. Aerial Ads
...No. 14-99-01380, slip op. at 3, 2000 WL 796058, at *1 (Tex.App.-Houston [14th Dist.] June 22, 2000, no pet. h.) (per curiam); Lederman v. Rowe, 3 S.W.3d 254, 256 (Tex. App.-Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 997 S.W.2d 296, 297 (Tex. App.-Fort Worth 1999, pet. denied). Ea......
-
In re Jones
...2000, no pet.); Williamson v. A-1 Elec. Auto Serv., 28 S.W.3d 731, 731-32 (Tex.App.-Corpus Christi 2000, pet. dism'd w.o.j.); 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); ......
-
Civil Litigation
...court to the county court, the county court’s judgment is final; there is no further appeal. Tex. Gov. C. §28.053(d); Lederman v. Rowe , 3 S.W.3d 254 (Tex.. App.—Waco 1999, no pet). 3 A justice court cannot issue an injunction. Bowles v. Angelo , 188 S.W.2d 691, 693 (Tex. App.—Galveston 194......