COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-431-CV
JAMES SCHULL APPELLANT
V.
SEAHORSE POOLS AND SPAS APPELLEE
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FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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This attempted appeal arises from a lawsuit originally filed in small claims
court in July 2008. The justice of the peace rendered a judgment against
appellant, James Schull. The decision was appealed to the county court at law
for a trial de novo. See Tex. Gov’t Code Ann. § 28.053(b) (Vernon Supp.
2009). The county court at law judge likewise found in favor of appellee,
1
See Tex. R. App. P. 47.4.
Seahorse Pools and Spas, and entered a judgment against Schull. Schull
responded by filing this appeal complaining of the county court at law’s
judgment.
In July 2008, at the time the underlying case was filed, there was no
statutory provision extending our appellate jurisdiction to suits originating in
small claims court. See Act of May 17, 1985, 69th Leg., R.S., ch. 480, § 1,
1985 Tex. Gen. Laws 1721, 1816 (amended 2009) (current version at Tex.
Gov’t Code Ann. § 28.053(d) (Vernon Supp. 2009)) (amending government
code effective September 1, 2009, to confer jurisdiction on an appellate court
to review a county court at law’s judgment following a de novo appeal from
small claims court). Therefore, applying the prior version of section 28.053(d)
of the Texas Government Code, which was in effect at the time the underlying
case was filed, we lack jurisdiction to consider the merits of Schull’s appeal
because the case was originally filed in small claims court. See Sultan v.
Mathew, 178 S.W.3d 747, 749–50 (Tex. 2005) (“[W]e conclude that by
declaring in section 28.053(d) that the ‘judgment of the county court or county
court at law is final,’ the Legislature intended to prohibit appeals to the courts
of appeals.”).
Accordingly, we grant Seahorse Pools and Spas’s motion to dismiss this
appeal for want of jurisdiction. See id. at 752–53; Evans v. Tal Indus., Inc.,
2
No. 02-08-00320-CV, 2008 WL 4938093, at *1 (Tex. App.—Fort Worth Nov.
20, 2008, no pet.) (mem. op.).
SUE WALKER
JUSTICE
PANEL: WALKER, MCCOY, and MEIER, JJ.
DELIVERED: January 21, 2010
3
James Schull v. Seahorse Pools and Spas
Combined Opinion