FIRST APPEAL FROM SMALL CLAIMS (TO COUNTY COURT) IS FINAL - NO FURTHER APPEALS LIES
TO COURT OF APPEALS | ATTEMPTED APPEAL DISMISSED AS JURISDICTIONALLY BARRED
Dadi v. Atlas Rehab Group, Inc. (Tex.App.- Houston [1st Dist.] July 3, 2008)(Alcala)
(no further appeal from de novo review of small claims court judgment in county court)
DISMISS APPEAL: Opinion by Justice Alcala
Before Justices Nuchia, Alcala and Hanks
01-06-00922-CV Roghiyeh Dadi v. Atlas Rehab Group, Inc.
Appeal from County Civil Court at Law No 3 of Harris County (Judge Bradshaw-Hull)oo
MEMORANDUM OPINION
Appellant, Roghiyeh Dadi, appeals from the county court at law's judgment in favor of appellee, Atlas
Rehab Group, Inc. (Atlas). The judgment awarded Atlas $3,976.94 for unpaid medical services and
attorney's fees plus interest. First, Dadi contends that this Court has jurisdiction over the claim. In six
other issues, Dadi asserts that the county court at law erred by entering judgment in favor of Atlas.
We conclude that a judgment of a county court or county court at law on the appeal of a judgment from a
small claims court is final and not appealable to a court of appeals. We dismiss the appeal for lack of
jurisdiction.
Background On October 4, 2004, Dadi was involved in an automobile accident. During November, Dadi
went to Atlas due to injuries that she sustained in the accident. She continued treatment with Atlas until
January of 2005. Dadi asserts that she stopped treatment at this time because her condition worsened.
Atlas sued Dadi in small claims court to recover $2,176.94 for unpaid medical services. Dadi filed a
counterclaim alleging malpractice and fraud, seeking $5,000. The small claims court awarded Atlas
$2,176.94 plus court costs and interest.
Dadi filed an appeal for a de novo trial to the Harris County Civil Court at Law Number 3. At the county
court at law, Dadi again counterclaimed for malpractice and fraud, seeking $30,000. The county court at
law entered its final judgment, ordering Dadi to pay Atlas the sum of $2,176.94 plus interest and $1,800 in
attorney's fees. Dadi filed a notice of appeal seeking review of the adverse judgment by the county court
at law.
Jurisdiction
Dadi asserts that this Court has jurisdiction to consider the appeal. An appeal from a small claims court
final judgment is to the county court or county court at law. Tex. Gov't Code Ann. § 28.052(a) (Vernon
Supp. 2007). The county court or county court at law hears the appeal de novo, and judgment on the
appeal is final. Id. at § 28.053(b), (d) (Vernon 2004). The word "final" as used in section 28.053(d) means
that there is no further appeal to any other court. Sultan v. Mathew, 178 S.W.3d 747, 749-50 (Tex. 2005);
Davis v. Covert, 983 S.W.2d 301, 302 (Tex. App.--Houston [1st Dist.] 1998, pet. dism'd w.o.j.) (en banc).
Here, Dadi is appealing a final judgment from a county court at law on an appeal from a judgment from a
small claims court. We hold that courts of appeals do not have jurisdiction over judgments of county
courts or county courts at law following a de novo appeal from small claims court.
We dismiss this appeal for lack of jurisdiction.
Conclusion
We dismiss this appeal for lack of jurisdiction. For this reason, we need not address appellant's issues. All
pending motions are dismissed as moot.
Elsa Alcala
Justice
Panel consists of Justices Nuchia, Alcala, and Hanks.