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Dunn v. Pegado

Court of Appeals of Texas, Tenth District
Mar 1, 2023
No. 10-23-00023-CV (Tex. App. Mar. 1, 2023)

Opinion

10-23-00023-CV

03-01-2023

SHAWN L. DUNN, Appellant v. JEANNA PEGADO, TDCJ PROGRAM, Appellee


From the County, Texas Trial Court No.

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

STEVE SMITH Justice

Appellant, Shawn L. Dunn, filed his pro se notice of appeal on January 19, 2023, challenging an order of dismissal signed by a Justice of the Peace. On January 24, 2023, we sent a letter explaining it does not appear that this Court has jurisdiction over an appeal from a dismissal order signed by a Justice of the Peace. We also warned appellant that this appeal is subject to dismissal unless, within ten days of our January 24, 2023 letter, a response is filed showing grounds for continuing this appeal.

On February 13, 2023, appellant filed a response. However, he has not adequately explained how this Court has jurisdiction over an appeal from a dismissal order signed by a Justice of the Peace. See TEX. R. CIV. P. 506.3 ("The case must be tried de novo in the county court."); Crumpton v. Stevens, 936 S.W.2d 473, 476 (Tex. App.-Fort Worth 1996, no writ) ("An appeal from a justice court judgment is tried de novo in the county or district court."); see also Abbott v. Hearthwood I Ass'n, No. 14-18-00333-CV, 2020 Tex.App. LEXIS 1814, at *4 (Tex. App.-Houston [14th Dist.] Mar. 3, 2020, no pet.) (mem. op.) ("An appeal from a justice court judgment is tried de novo in the county or district court."). We therefore dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

Appeal dismissed.


Summaries of

Dunn v. Pegado

Court of Appeals of Texas, Tenth District
Mar 1, 2023
No. 10-23-00023-CV (Tex. App. Mar. 1, 2023)
Case details for

Dunn v. Pegado

Case Details

Full title:SHAWN L. DUNN, Appellant v. JEANNA PEGADO, TDCJ PROGRAM, Appellee

Court:Court of Appeals of Texas, Tenth District

Date published: Mar 1, 2023

Citations

No. 10-23-00023-CV (Tex. App. Mar. 1, 2023)