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TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Michelle Renee WHITEFIELD, Appellee.
O P I N I O N
Michelle Whitefield was arrested on November 20, 1997, for driving while intoxicated. tex. Pen.Code Ann. § 49.04 (Vernon 1994 & Supp.1999). She submitted to a breath test which indicated a blood-alcohol level greater than .10. Whitefield was notified that her driver's license would be suspended due to her blood-alcohol level. tex. Transp. Code Ann. §§ 524.011-.015 (Vernon 1999). She timely requested a hearing before the administrative law judge (“ALJ”), and a hearing was held on January 7, 1998. Id. §§ 524.031, 524.035 (Vernon 1999). The ALJ sustained the suspension. Whitefield appealed to the County Court at Law No. 1 in Brazos County, which reversed the ALJ decision. Id. § 524.041 (Vernon 1999).
DPS seeks to appeal the judgment of the county court at law. We have recently held that we do not have jurisdiction over license-suspension appeals resulting from the refusal to submit to a blood-alcohol test. Texas Dep't of Pub. Safety v. Barlow, 992 S.W.2d 732 (Tex.App.-Waco 1999); tex. Transp. Code Ann. ch. 724 (Vernon 1999). Appeals of the ALJ decision under chapter 724 are governed by the procedures in chapter 524. tex. Transp. Code Ann. § 724.047; Barlow, at 734 n. 1. Thus, our reasoning in Barlow applies equally to appeals arising under Chapter 524.
As in Barlow, this licence-suspension appeal arises from a judgment of a county court at law. The Administrative Procedure Act (“APA”) provides for appeals from judgments of only the district court. Barlow, at 734-35, 741; tex. Gov't Code Ann. § 2001.901 (Vernon 1999). Nor does the record reveal that the “amount in controversy” requirement for civil appeals generally has been satisfied. Barlow, at 733-34, 741; tex. Civ. Prac. & Rem.Code Ann. § 51.012 (Vernon 1997).
Accordingly, we dismiss this appeal for want of jurisdiction.
BILL VANCE, Justice.
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Docket No: No. 10-98-214-CV.
Decided: June 09, 1999
Court: Court of Appeals of Texas,Waco.
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