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
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FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY
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MEMORANDUM OPINION (footnote: 1)
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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.