Opinion

First National Bank of McAllen v. Brown

  • 644 S.W.2d 808
  • 1982 Tex. App. LEXIS 5192
Court
Court of Appeals of Texas
Filed
Sep 9, 1982
Status
Published
Author
Utter
On the bench
Utter, Kennedy, Gonzalez
Cited by
17 cases
Authority
More cited than 10.8%

The opinion

OPINION ON MOTION FOR REHEARING

UTTER, Justice.

On motion for rehearing, appellant contends that the trial court’s judgment should be set aside because it exceeds the County Court’s jurisdictional amount. We disagree. Plaintiff-appellee, in his pleadings, sought a specific amount of actual damages well within the County Court’s jurisdictional limit and “(a)n award of exemplary damages against Defendant in a sum determined by the trier of fact.” Appellant did not file any special exceptions or a plea to the jurisdiction to ascertain the amount of exemplary damages sought by appellee. After hearing evidence, the jury awarded plaintiff-appellee $3,500.00 as actual damages and $3,900.00 as exemplary damages.

The jurisdiction of County Courts at Law is limited to cases where the amount in controversy does not exceed $5,000.00. Tex.Rev.Civ.Stat.Ann. art. 1970a (Vernon Supp.1982). Whether jurisdiction exists in the County Court at Law is determined by the amount alleged in the plaintiff’s petition. Universal Life and Accident Insurance Company v. Fields, 422 S.W.2d 722 (Tex.1967). Plaintiff-appellee, in its petition, sought recovery of an amount within the County Court at Law’s jurisdictional amount. Jurisdiction attached and no subsequent fact or event defeats the court’s jurisdiction over the claim. Kitchen Designs, Inc. v. Wood, 584 S.W.2d 305 (Tex.Civ.App.—Texarkana 1979, writ ref’d n.r.e.); Isbell v. Kenyon-Warner Dredging Co., 113 Tex. 528 , 261 S.W. 762 (1924).

A number of cases from the Supreme Court have made it clear that the limitation on amount in controversy imposed by article 1970(a) is not a limitation on the power to render judgment. In those cases, the Court has consistently rejected the argument that a county court at law lacks jurisdiction to render judgment for more than $5,000.00, so long as the original amount in controversy is within the jurisdictional limit. Mr. W. Fireworks, Inc. v. Mitchell, 622 S.W.2d 576 (Tex.1981); Flynt v. Garcia, 587 S.W.2d 109 (Tex.1979); see also Haginas v. Malbis Memorial Foundation, 354 S.W.2d 368 (Tex.1962); Standard Fire Ins. Co. v. Stigger, 635 S.W.2d 667 (Tex.Civ.App.—Dallas 1982, no writ).

Appellant’s point of error is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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