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Tumlinson v. Gutierrez

No appeal lies from the county court's order dismissing an application for writ of certiorari to be directed to a justice court.

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On appeal from the County Court at Law No. 2 of Victoria County, Texas.

OPINION

This action stems from a small claims court default judgment, in the amount of $4,996.41, rendered against Bill Tumlinson, d.b.a. Bill Tumlinson Automotive, for work that appellee claims was unsatisfactory. Tumlinson was served in this case on April 3, 2000, and subsequently failed to appear for hearing on April 17, 2000. Tumlinson filed a motion for new trial that was overruled by operation of law. He then filed for a writ of certiorari on July 11, 2000, in the County Court at Law No. 2. That court dismissed Tumlinson’s action on grounds it lacked subject matter jurisdiction. The court reasoned that a writ of certiorari would not lie from a small claims judgment. The sole question presented to this Court is whether the trial court erred in dismissing Tumlinson’s cause on jurisdictional grounds.

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