Rudolph Delos Santos, Jr. v. Firestone Complete Auto Care--Appeal from County Court at Law No 1 of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-265 CV
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RUDOLPH DELOS SANTOS, JR., Appellant
V.
FIRESTONE COMPLETE AUTO CARE, Appellee
On Appeal from the County Court at Law No. 1
Jefferson County, Texas
Trial Cause No. 105223
MEMORANDUM OPINION

Rudolph DeLos Santos, Jr., sued Firestone Complete Auto Care ("Firestone") in small claims court. Firestone appealed to the county court at law. A bench trial resulted in judgment for the defendant. DeLos Santos filed notice of appeal to this Court but failed to file a brief. On January 15, 2008, we notified the parties that the appeal would be advanced without oral argument. See Tex. R. App. P. 39.9.

A dismissal for want of prosecution is appropriate when the appellant fails to file a brief assigning error for appellate review. See Tex. R. App. P. 38.8(a)(1). Furthermore, the judgment of the county court at law in a small claims appeal is final. Tex. Gov't Code Ann. 28.053(d) (Vernon 2004). The court of appeals lacks jurisdiction over a case originally filed in the small claims court. Sultan v. Mathew, 178 S.W.3d 747, 752 (Tex. 2005). The appeal is dismissed.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

 

Submitted on February 5, 2008

Opinion Delivered February 14, 2008

 

Before McKeithen, C.J., Gaultney and Kreger, JJ.