Court of Civil Appeals of Texas, 2024

Douglas R. Tonge v. the State of Texas

Douglas R. Tonge v. the State of Texas
Court of Civil Appeals of Texas · Decided February 21, 2024

Douglas R. Tonge v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00055-CV

Douglas R. Tonge, Appellant v. The State of Texas, Appellee

FROM THE JUSTICE COURT PRECINCT 5 OF TRAVIS COUNTY NO. J5-CV-21-258894, THE HONORABLE RICK RICO OLIVO, JUDGE PRESIDING

MEMORANDUM OPINION

Douglas R. Tonge attempts to appeal from a judgment of a justice court. By letter dated February 1, 2024, the Court questioned its jurisdiction and asked appellant to file a response by February 12, 2024, explaining how this Court may exercise jurisdiction over this matter. The notice advised appellant that failure to file a response could result in dismissal of the appeal for want of jurisdiction. Appellant has not filed a response to date.

This Court’s jurisdiction is limited to appeals from judgments by district or county courts within our district boundaries. Tex. Gov’t Code § 22.220(a). Appeals from justice courts generally must be brought in the county court. Tex. Civ. Prac. & Rem. Code § 51.001(a).

Consequently, a notice of appeal from a judgment of a justice court does not invoke this Court’s appellate jurisdiction. See Reese v. Scott, No. 03-22-00647-CV, 2022 WL 17096685, at *1 (Tex. App.—Austin Nov. 22, 2022, no pet.) (mem. op.); McCuin v. Vinyard at the Ranch, No. 05-19-00992-CV, 2019 WL 5128136, at *1 (Tex. App.—Dallas Oct. 7, 2019, no pet.) (mem. op.). Because this Court lacks jurisdiction to hear appeals from justice courts, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

__________________________________________ Rosa Lopez Theofanis, Justice Before Chief Justice Byrne, Justices Smith and Theofanis Dismissed for Want of Jurisdiction Filed: February 21, 2024

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