Shawn L. Dunn v. Jeanna Pegado, TDCJ Program

IN THE
TENTH COURT OF APPEALS
No. 10-23-00023-CV
SHAWN L. DUNN,
Appellant
v.
JEANNA PEGADO, TDCJ PROGRAM,
Appellee
From the
County, Texas
Trial Court No.
MEMORANDUM OPINION
Appellant, Shawn L. Dunn, filed his pro se notice of appeal on January 19, 2023,
challenging an order of dismissal signed by a Justice of the Peace. On January 24, 2023,
we sent a letter explaining it does not appear that this Court has jurisdiction over an
appeal from a dismissal order signed by a Justice of the Peace. We also warned appellant
that this appeal is subject to dismissal unless, within ten days of our January 24, 2023
letter, a response is filed showing grounds for continuing this appeal.
On February 13, 2023, appellant filed a response. However, he has not adequately
explained how this Court has jurisdiction over an appeal from a dismissal order signed
by a Justice of the Peace. See TEX. R. CIV. P. 506.3 (“The case must be tried de novo in the
county court.”); Crumpton v. Stevens, 936 S.W.2d 473, 476 (Tex. App.—Fort Worth 1996,
no writ) (“An appeal from a justice court judgment is tried de novo in the county or
district court.”); see also Abbott v. Hearthwood I Ass’n, No. 14-18-00333-CV, 2020 Tex. App.
LEXIS 1814, at *4 (Tex. App.—Houston [14th Dist.] Mar. 3, 2020, no pet.) (mem. op.) (“An
appeal from a justice court judgment is tried de novo in the county or district court.”).
We therefore dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson,
and Justice Smith
Appeal dismissed
Opinion delivered and filed March 1, 2023
[CV06]
Dunn v. Pegado Page 2