Arcadio D. Rodriguez v. Mark T. Womack ( 2009 )

Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00725-CV

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ARCADIO D. RODRIGUEZ, Appellant

V.

MARK T. WOMACK, Appellee

On Appeal from the County Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 927,626

MEMORANDUM OPINION

This is an attempted appeal from an order signed May 15, 2009.  The clerk’s record was filed on September 3, 2009. 

Appellee, Mark T. Womack, filed suit in small claims court to collect attorney’s fees owed by appellant, Arcadio D. Rodriguez.  The small claims court entered judgment in favor of appellee and appellant filed an appeal for a de novo trial in Harris County Civil Court at Law No. 3.  See Tex. Gov’t Code Ann. § 28.052 (Vernon Supp. 2009).  The county court at law granted a summary judgment in appellee’s favor.  At the time the action was filed in this case, the courts of appeals lacked appellate jurisdiction over cases originally filed in small claims court.  Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985, amended by Acts 2009, 81st Leg., ch. 1351, §§ 8, 9 (current version at Tex. Gov’t Code Ann. § 28.053 (Vernon Supp. 2009); Sultan v. Mathew, 178 S.W.3d 747, 748 (Tex. 2005).^[1] In a case originally filed in small claims court, the judgment of the county court at law is final and not appealable.  See Acts 1985, 69th Leg., ch. 480, (amended 2009).

            On October 2, 2009, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless, on or before October 20, 2009, appellant filed a response demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).

            Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.

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^[1] Section 28.053 was amended effective September 1, 2009 to permit appeals from the county court or county court at law to the courts of appeals.  The amendment applies to “an action filed on or after the effective date of this Act.”  Acts, 2009, 81st Leg., ch. 1351, § 14.  Because the order appellant complains of was signed prior to the effective date of the amendment, the judgment of the county court is final.