Restitution Revival, an Unincorporated Religious Association v. Waco Independent School District, an Independent School District--Appeal from County Court at Law No 1 of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-02-00248-CV

Case Date: 10/15/2003

Plaintiff: Restitution Revival, an Unincorporated Religious Association

Defendant: Waco Independent School District, an Independent School District--Appeal from County Court at Law N

Preview:Restitution Revival, an Unincorporated Religious Association v. Waco Independent School District, an Independent School District--Appeal from County Court at Law No 1 of McLennan County
IN THE TENTH COURT OF APPEALS

No. 10-02-248-CV

RESTITUTION REVIVAL, AN UNINCORPORATED RELIGIOUS ASSOCIATION, Appellant v.

WACO INDEPENDENT SCHOOL DISTRICT, AN INDEPENDENT SCHOOL DISTRICT, Appellee

From the County Court at Law No. 1 McLennan County, Texas Trial Court # 20011267 CV1 MEMORANDUM OPINION This is an appeal of a condemnation proceeding. Neither party filed objections to the special commissioner s findings, and the trial court entered the findings in a judgment. See Tex. Prop. Code Ann. 21.018 & 21.061 (Vernon 1984). It is well settled that a judgment which a court renders on the basis of an award to which there have been no objections is the judgment of a special tribunal and is not, therefore, a judgment from which an appeal will lie. Rose v. State, 497 S.W.2d 444, 445 (Tex. 1973); Pearson v. State, 315 S.W.2d 935, 938 (Tex. 1958); Patrick Media Group, Inc., v. Dallas Area Rapid Transit, 879 S.W.2d 375, 376-77 (Tex. App. Eastland 1994, writ denied). Absent any objections to the
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commissioner s findings, we have no jurisdiction to entertain this appeal. See Patrick, 879 S.W.2d at 377. The appeal is dismissed. TOM GRAY Justice

Before Chief Justice Davis, Justice Vance, and Justice Gray (Chief Justice Davis not participating) // Dismissed Opinion delivered and filed October 15, 2003 [CV06]

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