Pope v. K.T.L. Auto Storage

Full title: DAVID E. POPE, Appellant v. K.T.L. AUTO STORAGE, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Nov 13, 2003

No. 01-01-01139-CV (Tex. App. Nov. 13, 2003)

Opinion

No. 01-01-01139-CV.

Opinion issued November 13, 2003.

Appeal from the County Civil Court at Law No. 2, Harris County, Texas, Trial Court Cause No. 752001.

David E. Pope, Attorney for Appellee.

Joseph H. Pedigo, Attorney for Appellant.

Panel consists of Chief Justice RADACK and Justices KEYES and ALCALA.

MEMORANDUM OPINION

EVELYN V. KEYES, Justice.

This is an appeal of the county court's order of dismissal for want of prosecution. Appellant, David K. Pope, appealed to county court the judgment of a small claims court in a negligence suit he brought against appellee, K.T.L. Auto Storage.

We do not have jurisdiction to consider this appeal. The judgment of the county court at law on an appeal from small claims court is final. Tex. Gov't Code Ann. § 28.053(d) (Vernon 1988). The word "final" in the statute means there is no further appeal beyond the county court. Davis v. Covert, 983 S.W.2d 301, 302 (Tex.App.-Houston [1st Dist.] 1998, pet. dism'd w.o.j.).

We dismiss the appeal for want of jurisdiction.