Ronald Dwayne Whitfield v. Frances M. Northcutt--Appeal from 42nd District Court of Taylor County

11th Court of Appeals

Eastland, Texas

Opinion

Ronald Dwayne Whitfield

Appellant

Vs. No. 11-01-00358-CV B Appeal from Taylor County

Frances M. Northcutt

Appellee

Appellant sued appellee alleging that appellee had failed to return to him 10 stamped envelopes. Appellant alleged that he had placed postage of $0.34 on each envelope and asked the trial court Ato award him back his envelopes.@ Appellant did not allege any other damages except for the $3.40 in postage on the envelopes. The trial court dismissed the suit pursuant to TEX. CIV. PRAC. & REM. CODE ANN. ' 13.001 (Vernon Supp. 2002). We dismiss the appeal for want of jurisdiction.

Appellee has filed in this court a motion to dismiss the appeal contending that appellant failed to plead an amount in controversy over which this court would have jurisdiction. We agree. The motion is granted.

The appeal is dismissed for want of jurisdiction. TEX. GOV=T CODE ANN. ' 22.220(a) (Vernon 1988).

PER CURIAM

February 7, 2002

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.