Douglas R. Tonge v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00055-CV
Douglas R. Tonge, Appellant
v.
The State of Texas, Appellee
FROM THE JUSTICE COURT PRECINCT 5 OF TRAVIS COUNTY
NO. J5-CV-21-258894, THE HONORABLE RICK RICO OLIVO, JUDGE PRESIDING
MEMORANDUM OPINION
Douglas R. Tonge attempts to appeal from a judgment of a justice court. By letter
dated February 1, 2024, the Court questioned its jurisdiction and asked appellant to file a
response by February 12, 2024, explaining how this Court may exercise jurisdiction over this
matter. The notice advised appellant that failure to file a response could result in dismissal of the
appeal for want of jurisdiction. Appellant has not filed a response to date.
This Court’s jurisdiction is limited to appeals from judgments by district or
county courts within our district boundaries. Tex. Gov’t Code § 22.220(a). Appeals from justice
courts generally must be brought in the county court. Tex. Civ. Prac. & Rem. Code § 51.001(a).
Consequently, a notice of appeal from a judgment of a justice court does not invoke this Court’s
appellate jurisdiction. See Reese v. Scott, No. 03-22-00647-CV, 2022 WL 17096685, at *1 (Tex.
App.—Austin Nov. 22, 2022, no pet.) (mem. op.); McCuin v. Vinyard at the Ranch,
No. 05-19-00992-CV, 2019 WL 5128136, at *1 (Tex. App.—Dallas Oct. 7, 2019, no pet.) (mem.
op.). Because this Court lacks jurisdiction to hear appeals from justice courts, we dismiss this
appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Rosa Lopez Theofanis, Justice
Before Chief Justice Byrne, Justices Smith and Theofanis
Dismissed for Want of Jurisdiction
Filed: February 21, 2024
2