Herbert K. Jackson v. Carl E. Jackson--Appeal from County Court at Law No 2 of Bexar County

MEMORANDUM OPINION

No. 04-05-00710-CV

Herbert K. JACKSON,

Appellant

v.

Carl E. JACKSON,

Appellee

From the County Court at Law No. 2, Bexar County, Texas

Trial Court No. 303665

Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice, Justice

Sarah B. Duncan, Justice, Justice

Delivered and Filed: November 16, 2005

DISMISSED FOR LACK OF JURISDICTION

Appellant seeks to appeal a county court at law s judgment entered in a suit originating in small claims court. Under section 28.053(d) of the Texas Government Code, a judgment of a county court or county court at law on appeal from a small claims court is final and not reviewable by the court of appeals. See Tex. Govt. Code Ann. 28.053(d) (Vernon 2004); see also Oropeza v. Valdez, 53 S.W.3d 410, 412 (Tex. App. San Antonio 2001, no pet.). On October 26, 2005, this court issued a show cause order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Although appellant filed a response on November 7, 2005 regarding the merits of the trial court s action, appellant failed to demonstrate that this court has jurisdiction to consider the merits of the appeal. Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM