Opinion
No. 05-08-01381-CV
Opinion Filed February 9, 2009.
On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. 380-01550-2008.
Before Justices FRANCIS, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
John William Browning appealed the trial court's order denying his petition for non-disclosure of his criminal history. The State has filed a motion to dismiss the appeal, asserting we do not have jurisdiction because section 411.081 does not provide for appeal from the denial and the amount in controversy does not exceed $100. We agree we lack jurisdiction.
Section 411.081 of the government code does not specifically provide this Court with jurisdiction over the trial court's order denying the petition for non-disclosure. See generally Tex. Gov't Code Ann. § 411.081 (Vernon Supp. 2008); see also Rado v. State, 2007 WL 1829648, at *1 (Tex.App.-Dallas June 27, 2007, no pet.) (mem. op.); Crowder v. State, 2007 WL 1816886, at *1 (Tex.App.-Dallas June 26, 2007, no pet.) (mem. op.). Further, nothing in the record reflects any amount in controversy that would provide the Court with general appellate jurisdiction. See generally Tex. Civ. Prac. Rem. Code Ann. § 51.012 (Vernon 2008); Tex. Gov't Code Ann. § 22.220(a) (Vernon 2004). The only "amount" involved was the filing fee for the petition, which cannot be used to satisfy the amount in controversy requirement. See Tex. Civ. Prac. Rem. Code Ann. § 51.012; Tex. Gov't Code Ann. § 22.220(a); Tex. Gov't Code Ann. § 411.081(d) (filing fee for petition for non-disclosure); see also Rado, 2007 WL 1829648, at **1-2; Crowder, 2007 WL 1816886, at **1-2.
We conclude we have neither specific statutory nor general jurisdiction over the appeal. Accordingly we grant the State's motion and we dismiss the appeal for want of jurisdiction.