Opinion
No. 01-07-00876-CV
Opinion issued September 24, 2009.
On Appeal from the County Civil Court at Law No. 1, Harris County, Texas, Trial Court Cause No. 890,214.
Panel consists of Justices JENNINGS, KEYES, and HIGLEY.
OPINION ON MOTION FOR REHEARING
On June 18, 2009, we issued a memorandum opinion vacating the judgment of the trial court and dismissing the cause for lack of jurisdiction. Woodgrove has filed a motion for rehearing, arguing that this Court failed to review the supplemental clerk's record filed on March 12, 2009. We grant Woodgrove's motion for rehearing. Tex. R. App. P. 49.3. We also withdraw our June 18, 2009 memorandum opinion and judgment, and issue this memorandum opinion and judgment in their stead.
Appellant, Peter Kemal Gundogan, appeals, on eleven points, a take nothing judgment denying legal damages in a suit involving damages to his real property.
We dismiss for lack of jurisdiction.
Background
On November 10, 2006, appellant, Peter Kemal Gundogan ("Gundogan") filed a small claims suit in the Harris County Justice Court, Precinct Five, Place One, against appellee Woodgrove Condominium Association ("Woodgrove") on a negligence claim. Gundogan alleged that Woodgrove failed to properly maintain the pipes in Gundogan's residence, resulting in $3700 in damages to Gundogan's residence. Gundogan won a $2,500 justice court judgment against Woodgrove on an unknown date. The justice court's judgment is not included in the appellate record.
On April 12, 2007, Woodgrove appealed the justice court judgment to the Harris County Civil Court at Law, No. 1. On May 4, 2007, Woodgrove deposited $5,000 in cash to the Harris County Treasurer in lieu of a justice court appeal bond to secure the county court's jurisdiction over the appeal.
The county court set a bench trial on Woodgrove's appeal on July 23, 2007. Gundogan filed a motion for continuance on May 25, 2007 on the ground that he would be out of the country for three months. The trial was reset for September 24, 2007. The county court granted a take nothing judgment for Woodgrove. Gundogan filed an appeal to this Court on October 9, 2007.
The Court of Appeals does not have Jurisdiction
Gundogan lacks statutory authorization to apply to the Court of Appeals for appellate review. Appellate review of cases originating in small claims courts occurs at the county court or county court of law. Tex. Gov't Code § 28.052(a). When such a case is appealed, the judgment of the "county court or county court at law on the appeal is final." Tex. Gov't Code § 28.053(d). Consequently, Gundogan lacks statutory authority to appeal this case to the Courts of Appeals, and the Court of Appeals lacks jurisdiction to consider the county court's judgment. The judgment of the county court is final. Sultan v. Matthews, 178 S.W.3d 747, 752-53 (Tex. 2005); Lister v. Walters, 247 S.W.3d 381, 383 (Tex. App.-Dallas 2008, no pet.).
Conclusion
We dismiss this cause for lack of jurisdiction.