APPELLANT v. APPELLEE FROM JUSTICE COURT PRECINCT OF TARRANT COUNTY 2012

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

A court of appeals has appellate jurisdiction of all civil cases within its district of which the district or county courts have jurisdiction when the amount in controversy or the judgment rendered exceeds $250, exclusive of interest and costs.  Tex. Gov't Code Ann. § 22.220(a) (West Supp.2012).   Appeals from justice courts generally lie either in the county or the district court.   See Tex. Civ. Prac. & Rem.Code Ann. § 51.001 (West 2008);  see also Tex.R. Civ. P. 574b.   Consequently, a justice court judgment cannot be appealed directly to the court of appeals.   See Tex. Gov't Code Ann. § 22.220(a);  Tex. Civ. Prac. & Rem.Code Ann. § 51.001;  Tejas Elevator Co. v. Concord Elevator, Inc., 982 S.W.2d 578, 579 (Tex.App.—Dallas 1998, no pet.) (mem.op.).

On August 2, 2012, we notified Whisenhunt of our concern that we may not have jurisdiction over her appeal

Even though Whisenhunt's notice of restricted appeal was timely filed, we are without jurisdiction because the restricted appeal is from a justice court judgment.   See Tex. Gov't Code Ann. § 22.220(a);  Ingle v. Samuel, No. 12–09–00002–CV, 2009 WL 189095, at *1 (Tex.App.—Tyler Jan. 21, 2009, no pet.) (mem.op.) (dismissing attempted restricted appeal from justice court judgment);  Automania, L.L.C. v. May, No. 03–03–00592–CV, 2004 WL 852275, at *1 (Tex.App.—Austin Apr. 22, 2004, no pet.) (mem.op.) (same);  see also Tejas Elevator Co., 982 S.W.2d at 579 (dismissing appeal from justice court judgment).   Accordingly, we dismiss the appeal for want of jurisdiction.

PANEL:  WALKER, MCCOY, and MEIER, JJ.

DELIVERED:  August 30, 2012

FOOTNOTES

1.  FN1. See Tex.R.App. P. 47.4.

SUE WALKER JUSTICE