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Tatum v. State

Court of Civil Appeals of Texas, Fort Worth
Jan 18, 1979
576 S.W.2d 492 (Tex. Civ. App. 1979)

Opinion

No. 18052.

January 18, 1979.

Appeal from the District Court, Denton County, Bob Scofield, J.

Jim Tatum Associates, Houston, for appellants.

Gerald D. Cobb, Denton, for appellee.


OPINION


In a felony criminal case in the District Court of Denton County, Texas, Vertice Calloway was (prior to the time set for her trial) at liberty by reason of a bail bond whereon Jim Tatum and Elizabeth Tatum were sureties. Calloway failed to appear for trial.

On 23 August, 1976 a judgment Nisi in forfeiture of the bail bond was entered. Thereafter, on 15 March 1978, a "Default Judgment Declaring a Forfeiture" was entered. It awarded the State of Texas judgment against Calloway and the two sureties, the Tatums, in the amount of $3,000.00 and costs.

From that judgment Jim and Elizabeth Tatum (but not Vertice Calloway) filed with the clerk of the trial court an instrument styled "Petition for Writ of Error for Review by the Court of Civil Appeals". The clerk of the trial court, treating it the same as an appeal writ of error, prepared a transcript of the record and forwarded it to the clerk of this court. It was filed and docketed as an appeared case by the clerk of this court. The circumstances were drawn to the attention of the judges at time the appeal was scheduled to be heard.

We find we have no jurisdiction to entertain the appeal. By answer to a certified question, the Supreme Court held, in 1894, that a Court of Civil Appeals has no jurisdiction to entertain an appeal such as here presented; that the Court of Criminal Appeals has jurisdiction for an appeal from a judgment of forfeiture of a bail bond in a criminal case. Jeter v. State, 86 Tex. 555, 26 S.W. 49 (1894). The law persists, unchanged, as applied to the matter of jurisdiction of such appeals.

The appeal is dismissed for want of jurisdiction.


Summaries of

Tatum v. State

Court of Civil Appeals of Texas, Fort Worth
Jan 18, 1979
576 S.W.2d 492 (Tex. Civ. App. 1979)
Case details for

Tatum v. State

Case Details

Full title:Jim TATUM et ux., Appellants, v. The STATE of Texas, Appellee

Court:Court of Civil Appeals of Texas, Fort Worth

Date published: Jan 18, 1979

Citations

576 S.W.2d 492 (Tex. Civ. App. 1979)

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