Housing Authority, City of Edgewood v. Sanders
Housing Authority, City of Edgewood v. Sanders
070rehearing
ON MOTION FOR REHEARING
On April 18, 1985, we delivered a per curiam opinion in the above cause reversing the judgment of the County Court of Van Zandt County and ordering the appeal pending therein dismissed. Sanders argues in his motion for rehearing that we erred in adjudging the cost against him and in ordering the dismissal of the county court suit because we have no jurisdiction of this cause and should therefore dismiss the appeal.
In support of his two assignments of error, Sanders cites TEX.PROP.CODE ANN. Section 24.007 (Vernon 1984);
Section 24.007 is a recodification, a revision without substantive change of former TEX.REV.CIV.STAT.ANN. art. 3992. However, former art. 3992 is applicable to this appeal since the cost bond was filed in this cause before January 1, 1984. That article read:
The judgment of the county court finally disposing of the cause shall be conclusive of the litigation, and no further appeal shall be allowed, except where the judgment shall be for damages in an amount exceeding one hundred dollars.
We must agree with Sanders that Williamson v. Johnson, supra; Woolley v. Burger, supra; Cavazos v. Simpson, supra; and Campuzano v. Melendez, supra, support the arguments made by Sanders in his motion for rehearing. We also acknowledge yet another case in agreement with those cited by Sanders, viz, New Friendship Baptist Church v. Collins, 453 S.W.2d 529, 530 (Tex.Civ.App. — Houston [14th Dist.] 1970, no writ). In Williamson v. Johnson, supra, this court followed New Friendship Baptist Church v. Collins, supra, and cited in support of its conclusion, two courts of civil appeals decisions
Our reading of the language of art. 3992, considered in light of the provisions of art. 5429b-2, the Code Construction Act,
Our decision in Vickrey v. Symes, supra, is inapposite here. In Vickrey, there was no question respecting the jurisdiction of the county court at law.
In view of our conclusions here, we overrule Williamson v. Johnson, 492 S.W.2d 327 (Tex.Civ.App. — Tyler 1973, no writ), insofar as it is in conflict with this opinion, and respectfully decline to follow the cases cited herein which are in conflict with our opinion and conclusions. The motion for rehearing is overruled.
. All reference to sections herein made are to the Texas Property Code unless otherwise noted.
. Pizanie v. Citizens Investment Co., 448 S.W.2d 803 (Tex.Civ.App. — Houston [14th Dist.] 1969, writ ref'd), and Madison v. Martinez, 56 S.W.2d 908 (Tex.Civ.App. — Dallas 1933, writ refd).
Opinion of the Court
Housing Authority, City of Edge-wood, plaintiff/appellant, initiated this suit for forcible detainer against G.E. Sanders, defendant/appellee, in the Justice Court, Precinct One, Van Zandt County, on April 1, 1983. Apparently, sometime later, the suit went to trial before the justice of the peace; however, no judgment signed by the justice of the peace appears in the record.
The judgment of the county court is reversed, and the appeal proceedings pending therein are dismissed.
. After the trial of the de novo appeal in the county court, the county judge found that no judgment was signed by the justice of the peace in the cause.
Reference
- Full Case Name
- HOUSING AUTHORITY, CITY OF EDGEWOOD, Texas, Appellant, v. G.E. SANDERS, Appellee
- Cited By
- 7 cases
- Status
- Published