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.

__________________________________

CHARLES KREGER

Justice

Submitted on February 5, 2008

Opinion Delivered February 14, 2008

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