11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Donny-Joe Curry

            Appellant

Vs.                  No. 11-04-00002-CV - Appeal from Callahan County

Bobby D. and Dorothy Reed

            Appellees

            Donny-Joe Curry is attempting to appeal from the December 29, 2003, judgment of $750 against him entered by Justice of the Peace Steve Odom in Cause No. 288. Curry completed a pro se notice of appeal and an affidavit of inability to pay the required appeal bond for an appeal to the county court. The documents were inadvertently filed in this court on January 5, 2004.

            TEX. CIV. PRAC. & REM. CODE ANN. § 51.001 (Vernon 1997) and TEX. GOV’T CODE ANN. § 26.042 (Vernon Supp. 2004) provide that the county court has appellate jurisdiction in judgments from the justice courts where the amount in controversy exceeds $20. See also TEX.R.CIV.P. 571 - 574b. This court has jurisdiction in direct appeals from judgments entered by a district or county court. TEX. GOV’T CODE ANN. § 22.220 (Vernon 1988). Therefore, jurisdiction in this appeal lies in the Callahan County Court. 

            The appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

January 8, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

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

Wright, J., and McCall, J.