Opinion
No. 05-03-00784-CV.
Opinion filed July 16, 2003.
Appeal from the County Court at Law No. 4, Dallas County, Texas, Trial Court Cause No. cc-03-930-d.
DISMISSED.
Before Justices WHITTINGTON, O'NEILL and RICHTER.
MEMORANDUM OPINION
A review of the record reveals this appeal originated as a small claim case filed in justice of the peace court precinct 4, place 2 as cause no. JS02-00165L. On April 16, 2003, appellant filed her notice of appeal of the county court at law's March 17, 2003 order of dismissal of the appeal of the small claim case. The record from the county court at law was filed in this appeal on June 3, 2003. This Court is without jurisdiction to review a county court at law's judgment in the appeal of a small claim case. See Howell Aviation Services v. Aerial Ads, Inc. 29 S.W.3d 321, 322 (Tex.App.-Dallas 2000, no pet.). After a review of the record, the Court informed appellant by letter dated June 11, 2003 that it questions its jurisdiction over this appeal and instructed her to file a jurisdictional brief explaining the Court's jurisdiction over this matter.
Appellant responded with a jurisdictional brief stating that the county court at law incorrectly dismissed her appeal because her claim exceeded $5,000. She states that she was only suing for $5,000 and that the case should have been heard in small claims court and that the "case should have never been appealed to the Court of Appeals 5th District of Texas." Appellant requests that we return this appeal to small claims court. Appellant does not refute that her case originated as a small claim case.
Section 28.053 of the government code deals with de novo appeals from small claims court to county court. Section 28.053(d) provides, "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). The Court has recently stated that "section 28.053(d) of the government code deprives us of jurisdiction over an appeal from the final judgment of a county court at law following a de novo appeal from small claims court." Id. at 323. Without subject matter jurisdiction over this appeal, we may only dismiss this appeal for want of jurisdiction.
Therefore, on the Court's own motion, we DISMISS this appeal for lack of jurisdiction. See Tex.R.App.P. 42.3(a).