Opinion
No. 01-06-00922-CV
Opinion issued July 3, 2008.
On Appeal from County Civil Court at Law No. 3 Harris County, Texas, County Court at Law Cause No. 858739.
Panel consists of Justices NUCHIA, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant, Roghiyeh Dadi, appeals from the county court at law's judgment in favor of appellee, Atlas Rehab Group, Inc. (Atlas). The judgment awarded Atlas $3,976.94 for unpaid medical services and attorney's fees plus interest. First, Dadi contends that this Court has jurisdiction over the claim. In six other issues, Dadi asserts that the county court at law erred by entering judgment in favor of Atlas.
We conclude that a judgment of a county court or county court at law on the appeal of a judgment from a small claims court is final and not appealable to a court of appeals. We dismiss the appeal for lack of jurisdiction.
Background On October 4, 2004, Dadi was involved in an automobile accident. During November, Dadi went to Atlas due to injuries that she sustained in the accident. She continued treatment with Atlas until January of 2005. Dadi asserts that she stopped treatment at this time because her condition worsened. Atlas sued Dadi in small claims court to recover $2,176.94 for unpaid medical services. Dadi filed a counterclaim alleging malpractice and fraud, seeking $5,000. The small claims court awarded Atlas $2,176.94 plus court costs and interest.
Dadi filed an appeal for a de novo trial to the Harris County Civil Court at Law Number 3. At the county court at law, Dadi again counterclaimed for malpractice and fraud, seeking $30,000. The county court at law entered its final judgment, ordering Dadi to pay Atlas the sum of $2,176.94 plus interest and $1,800 in attorney's fees. Dadi filed a notice of appeal seeking review of the adverse judgment by the county court at law.
Jurisdiction
Dadi asserts that this Court has jurisdiction to consider the appeal. An appeal from a small claims court final judgment is to the county court or county court at law. Tex. Gov't Code Ann. § 28.052(a) (Vernon Supp. 2007). The county court or county court at law hears the appeal de novo, and judgment on the appeal is final. Id. at § 28.053(b), (d) (Vernon 2004). The word "final" as used in section 28.053(d) means that there is no further appeal to any other court. Sultan v. Mathew, 178 S.W.3d 747, 749-50 (Tex. 2005); Davis v. Covert, 983 S.W.2d 301, 302 (Tex.App.-Houston [1st Dist.] 1998, pet. dism'd w.o.j.) (en banc).
Here, Dadi is appealing a final judgment from a county court at law on an appeal from a judgment from a small claims court. We hold that courts of appeals do not have jurisdiction over judgments of county courts or county courts at law following a de novo appeal from small claims court.
We dismiss this appeal for lack of jurisdiction.
Conclusion
We dismiss this appeal for lack of jurisdiction. For this reason, we need not address appellant's issues. All pending motions are dismissed as moot.