Summary
The Texas Court of Appeals dismissed Gary Derouin’s appeal from a justice court judgment affirmed in a trial de novo proceeding. The court held that it lacked jurisdiction because no written final judgment had been signed by the County Court at Law. The court explained that a new trial de novo and written final judgment were required before an appeal could be taken.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction over an appeal when the county court had not signed or entered a written final judgment.
- Whether the appeal should be dismissed for lack of an appealable final judgment.
Holdings
- The court of appeals lacks jurisdiction over an appeal when the trial court has not rendered an appealable final judgment in writing.
- The appeal cannot proceed until the county court conducts a new trial de novo, renders a written final judgment, and thereby creates an appealable judgment for review.
Key quotations
“In the absence of an appealable final judgment in writing, this court has no jurisdiction over this appeal.” (-2-)
“This Court will not have jurisdiction over this matter until the County Court at Law conducts a new trial de novo to provide Derouin with his appeal from the justice court’s judgment, and renders a written final judgment, which may then be appealed to this Court.” (-2-)
Factual background
The justice court awarded Dodeka LLC $6,022.04 and $400 in attorney's fees. A trial de novo was conducted in the county court, but the record contained no written judgment signed by the judge who presided over that proceeding, and the court was informed that no written judgment existed. Derouin conceded that the county court had not rendered a written judgment.
Procedural history
The Bexar County Justice Court rendered judgment for Dodeka LLC for $6,022.04 plus $400 in attorney's fees. A trial de novo occurred in County Court at Law No. 2, but no written judgment was signed or entered. After construing part of Derouin's mandamus petition as a notice of appeal, the court ordered him to show cause why the appeal should not be dismissed. Derouin conceded that no written county court judgment existed, and the court dismissed the appeal.
Remand instructions
The court stated that it would not have jurisdiction until the County Court at Law conducts a new trial de novo and renders a written final judgment, which may then be appealed.