Mack B. Yates v. David Moya, et al.--Appeal from County Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-00-113-CV

MACK B. YATES,

Appellant

v.

DAVID MOYA, ET AL.,

Appellees

From the Small Claims Court, Precinct #4

Coryell County, Texas

Trial Court # SC-447

MEMORANDUM OPINION

Mack B. Yates has filed a notice of appeal pronouncing his intention to appeal from a judgment entered by the Small Claims Court in Coryell County. See Tex. Gov t Code Ann. 28.001 (Vernon 1988). Upon receipt of Yates s notice of appeal, we advised him by letter dated April 6, 2000 that his appeal in this Court appears to be subject to dismissal because jurisdiction over such an appeal properly lies in the County Court at Law of Coryell County. See id. 28.052 (Vernon 1988); Lederman v. Rowe, 3 S.W.3d 254, 255 (Tex. App. Waco 1999, no pet.); Gaskill v. Sneaky Enters., Inc., 997 S.W.2d 296, 297 (Tex. App. Fort Worth 1999, pet. denied). We warned Yates in this letter that his appeal would be dismissed unless he filed a response within ten days thereafter demonstrating grounds for continuing his appeal.

Yates concedes that we lack jurisdiction. He asks that we forward his notice of appeal to the district clerk to show the notice was timely filed with the Justice Court. However, because Yates s appeal must be heard by the county court, the Clerk of this Court will forward a copy of his notice of appeal to the County Clerk of Coryell County.

Because this Court has no appellate jurisdiction over the judgment of a small claims court, we dismiss this appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis

Justice Vance and

Justice Gray

Appeal dismissed

Opinion delivered and filed April 26, 2000

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