Darlene C. Amrhein-Macon v. William Wood, C. Jane Thacker, Gray Shelton

AMRHEIN-MACON V. WOOD ET AL. COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO.  2-05-158-CV DARLENE C. AMRHEIN-MACON APPELLANT V. WILLIAM WOOD, C. JANE THACKER, APPELLEES AND GRAY SHELTON ------------ FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY ------------ MEMORANDUM OPINION (footnote: 1) ------------ This suit was initiated in small claims court, and was subsequently appealed to County Court at Law No. 2 of Denton County. The county court at law granted summary judgment against appellant Darlene C. Amrhein-Macon, and this appeal ensued. We dismiss this appeal for want of jurisdiction. According to the Texas Government Code, an appeal from a small claims court judgment is to a county court in a de novo proceeding and the judgment of the county court or county court at law on the appeal is final. See Tex. Gov’t Code Ann. § 28.053 ( Vernon 2005) . In Gaskill v. Sneaky Enterprises, Inc., 997 S.W.2d 296, 297 (Tex. App.—Fort Worth 1999, pet. denied) we held that there can be no further appeal from a county court judgment after an appeal through a trial de novo of a small claims court judgment. Our sister courts are in accord with this position. See Howell Aviation Servs. v. Aerial Ads, Inc. , 29 S.W.3d 321, 323-24 (Tex. App.—Dallas 2000, no pet.); Williamson v. A-1 Elec. Auto Serv. , 28 S.W.3d 731, 732 (Tex. App.—Corpus Christi 2000, no pet.); Lederman v. Rowe , 3 S.W.3d 254, 256 (Tex. App.—Waco 1999, no pet.); Davis v. Covert , 983 S.W.2d 301, 302 (Tex. App.—Houston [1st Dist.] 1998, pet. dism'd w.o.j.). The legislature could not have been clearer when it stated that such an appeal in the county court is “final.” Gaskill , 997 S.W.2d at 297. Accordingly, we dismiss this appeal for want of jurisdiction. PER CURIAM PANEL D: GARDNER, WALKER, and MCCOY, JJ. DELIVERED: July 14, 2005 FOOTNOTES 1: See Tex. R. App. P. 47.4.