Adumekwe Lambert v. Farb Realty LTD

Opinion issued August 4, 2005 In The Court of Appeals For The First District of Texas NO. 01–04–01055–CV LAMBERT ADUMEKWE, Appellant V. FARB REALTY, LTD., Appellee On Appeal from County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 820104 MEMORANDUM OPINION Pro se appellant, Lambert Adumekwe, sued appellee, Farb Realty, Ltd. (“Farb”), in small claims court for damages and a form of injunctive relief. Farb counter-claimed, seeking damages and attorney’s fees from Adumekwe. The small claims court entered judgment in favor of Farb. Adumekwe appealed to county court. Following a trial de novo, the county court judge signed a judgment in favor of Farb. In this appeal, Adumekwe challenges the county court’s judgment. We first must determine whether this Court has jurisdiction to hear this appeal. We raise this question, sua sponte, because it is our responsibility to take cognizance of this Court’s jurisdiction, or the lack thereof. Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.—Houston [1st Dist.] 1998, pet. dism’d w.o.j.). This and other appellate courts have held that a court of appeals has no jurisdiction to hear an appeal from the judgment of a county court or county court at law after a de novo appeal from a small claims court. Davis, 983 S.W.2d at 302–03; see also Tumlinson v. Gutierrez, 55 S.W.3d 673, 674 (Tex. App.—Corpus Christi 2001, no pet.); Oropeza v. Valdez, 53 S.W.3d 410, 411–12 (Tex. App.—San Antonio 2001, no pet.); Woodlands Plumbing Co. v. Rodgers, 47 S.W.3d 146, 148–49 (Tex. App.—Texarkana 2001, pet. denied); Howell Aviation Servs. v. Aerial Ads, Inc., 29 S.W.3d 321, 322–24 (Tex. App.—Dallas 2000, no pet.). The statutory language of Texas Government Code section 28.053(d) is clear: a judgment rendered in the county court or county court at law is final in these types of cases. Tex. Gov’t Code Ann. § 28.053(d) (Vernon 2004). As we recognized in Davis, the word “final” means there is no further appeal. Davis, 983 S.W.2d at 302. Because we have no appellate jurisdiction, we dismiss this appeal. Laura Carter Higley Justice Panel consists of Justices Taft, Alcala, and Higley.