From Casetext: Smarter Legal Research

Cooper v. Hamilton County

Court of Appeals of Texas, Tenth District, Waco
Dec 31, 2003
No. 10-03-283-CV (Tex. App. Dec. 31, 2003)

Summary

granting parties' motion to dismiss appeal for want of jurisdiction after trial court granted taxing entities' motion to vacate judgment under section 33.56 of Tax Code

Summary of this case from Zapata v. Clear Creek Indep. Sch. Dist.

Opinion

No. 10-03-283-CV

Opinion delivered and filed: December 31, 2003.

Appeal from the 220th District Court, Hamilton County, Texas, Trial Court # 01-06-02599.

Appeal dismissed.

Jay Sandon Cooper, Attorney for Appellant.

Rashay Chapa, Attorney for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Judge ALLEN (Sitting by Assignment)

George Allen, Judge of the 54th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).


MEMORANDUM OPINION


Several Hamilton County taxing entities filed a tax delinquency suit against Jay Sandon Cooper. The court rendered a default judgment in favor of the taxing entities. Cooper timely perfected this appeal after receiving notice of the judgment.

Thereafter, the court granted the taxing entities' motion to vacate the judgment under section 33.56(a)(1) of the Tax Code because a necessary party had not been joined. See TEX. TAX CODE ANN. § 33.56(a)(1) (Vernon 2002); Barua v. County of Dallas, 100 S.W.3d 629, 632 (Tex. App.-Texarkana 2003, pet. denied). Accordingly, the taxing entities have filed a motion to dismiss the appeal for want of jurisdiction.

Except where otherwise provided by statute, "an appeal may be taken only from a final judgment." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). No exception applies in this case. Thus, we dismiss the appeal for want of jurisdiction.


Summaries of

Cooper v. Hamilton County

Court of Appeals of Texas, Tenth District, Waco
Dec 31, 2003
No. 10-03-283-CV (Tex. App. Dec. 31, 2003)

granting parties' motion to dismiss appeal for want of jurisdiction after trial court granted taxing entities' motion to vacate judgment under section 33.56 of Tax Code

Summary of this case from Zapata v. Clear Creek Indep. Sch. Dist.
Case details for

Cooper v. Hamilton County

Case Details

Full title:JAY SANDON COOPER, Appellant v. HAMILTON COUNTY, HAMILTON INDEPENDENT…

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Dec 31, 2003

Citations

No. 10-03-283-CV (Tex. App. Dec. 31, 2003)

Citing Cases

Zapata v. Clear Creek Indep. Sch. Dist.

After the trial court vacated the final judgment, there is no appealable final judgment or interlocutory…

Cooper v. Hamilton Cnty.

Cooper previously appealed both the 2003 judgment, which was dismissed after the trial court vacated the…