Williamson v. A-1 Electric Auto Service

• Decision Date: 24 August 2000
• Docket Number: No. 13-00-478-CV,A-1,13-00-478-CV
• Citation: 28 S.W.3d 731
• Parties: (Tex.App.-Corpus Christi 2000) KAREN WILLIAMSON, Appellant, v.ELECTRIC AUTO SERVICE AND MARIO RODRIGUEZ D/B/AELECTRIC, Appellees
• Court: Texas Court of Appeals

Page 731

28 S.W.3d 731 (Tex.App.-Corpus Christi 2000)

KAREN WILLIAMSON, Appellant, v. A-1 ELECTRIC AUTO SERVICE AND MARIO RODRIGUEZ D/B/A A-1 ELECTRIC, Appellees.

No. 13-00-478-CV

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS, CORPUS CHRISTI

August 24, 2000

On appeal from the County Court at Law No. 5 of Nueces County, Texas.

Before Chief Justice Seerden and Justices Dorsey and Rodriguez.

OPINION

Per Curiam

This suit was initiated in small claims court, and was subsequently appealed to county court at law no. 5 of Nueces County. The county court at law entered a directed verdict against appellant Karen Williamson, and this appeal ensued. Because jurisdiction is fundamental, we must determine, sua sponte, whether we have jurisdiction to consider this appeal. H. E. Butt Grocery Co. v. Bay, Inc., 808 S.W.2d 678, 679 (Tex.App.Corpus Christi 1991, writ denied). For reasons herein stated, we dismiss this appeal for want of jurisdiction. According to the Texas Government Code, an appeal from a small claims court judgment is to a county court in a de novo proceeding. See Tex. Gov't Code Ann. 28.053(b) (Vernon 1988). Further, "the judgment of the county court or county court at law on the appeal is final." Tex. Gov't Code Ann. 28.053(d) (Vernon 1988)(emphasis added). We join the First, Second, Tenth, and Fourteenth Courts of Appeals in holding that there is no appeal to the court of appeals from a judgment of the county court or county court at law after a de novo appeal from a small claims court. A-Rocket Moving & Storage v. Gardner, No. 14-99-01380-CV, 2000 Tex.App. LEXIS 4148 (June 22, 2000); Lederman v. Rowe, 3 S.W.3d 254, 256 (Tex.App.Waco 1999, no pet.); Gaskill v. Sneaky Ent., Inc., 997 S.W.2d 296, 297 (Tex.App.Fort Worth 1999, pet. denied); Davis v. Covert, 983 S.W.2d 301, 302-03 (Tex.App.Houston [1st Dist.] 1998, pet. dism'd w.o.j.)(overruling court's previous holding otherwise in Sablatura v. Ellis, 753 S.W.2d 521, 522 (Tex.App.Houston [1st Dist.] 1988, no writ)).

Under the reasoning employed by these courts, the word "final" unambiguously means that there is no further appeal beyond the county court or county court at law. See, e.g., Davis, 983 S.W.2d at 302. Any conflict between the provisions of section 28.053(d) of the government code and section 51.012 of the civil practice and remedies code is resolved in favor of the specific provisions of section 28.053 of the Government Code. Id. at 302-03. We agree with the reasoning of these courts and join them in holding that we do not have jurisdiction to review...