Kevin Emanuel Jackson v. State of Texas ( 2012 )

Opinion issued April 5, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00970-CV

____________

KEVIN EMANUEL JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 1000577

MEMORANDUM OPINION

This an attempted appeal from an order divesting appellant, Kevin Emanuel Jackson, of ownership of a dog, described as “One White Female Pit Bull,” and ordering that the dog be given to the Houston Society for the Prevention of Cruelty to Animals (Houston SPCA).  We dismiss for lack of jurisdiction. 

Texas Health and Safety Code chapter 821 provides justice courts with special and limited jurisdiction over forfeiture of animals found in situations constituting cruelty to animals.  See Tex. Health & Safety Code Ann. § 821.022–.025 (Vernon 2010 & Supp. 2011); see Chambers v. Justice Court Precinct One, 195 S.W.3d 874, 5 (Tex. App.—Dallas 2006, no pet.).  An owner divested of ownership under this chapter may appeal the justice court’s order to a county court in the county in which the justice or municipal court is located.  Tex. Health & Safety Code Ann. § 821.025(a) (Vernon Supp. 2011).  The county court “shall consider the matter de novo and dispose of the appeal.”  Id. 821.025(d).  The decision of the county court or county court at law “is final and may not be further appealed.”  Id. 821.025(e). 

On August 10, 2011, the Harris County Constable’s Office seized appellant’s dog, pursuant to a warrant for seizure.  After a hearing, the justice court found that appellant had cruelly treated or abandoned the dog, and the court divested appellant of ownership.  See id. § 821.023. Appellant appealed to the county court.  See id. § 821.025(a).  The county court also found that appellant had cruelly treated the dog and divested appellant of ownership.  See id. § 821.025(d).  The county court awarded custody of the dog to the Houston SPCA and ordered that appellant’s $872 bond be paid to the Houston SPCA.  Appellant appealed to this court. 

Because the statute provides that the decision of the county court or county court at law “is final and may not be further appealed,” appellant may not appeal to this court.  See id. § 821.025(e). 

On December 9, 2011, the Court notified the parties of its intent to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this court’s jurisdiction.  See Tex. R. App. P. 42.3(a). Appellant did not respond.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.