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RESTITUTION REVIVAL v. WACO INDEP.

Court of Appeals of Texas, Tenth District, Waco
Oct 15, 2003
No. 10-02-248-CV (Tex. App. Oct. 15, 2003)

Opinion

No. 10-02-248-CV.

Opinion delivered and filed October 15, 2003.

Appeal from the County Court at Law No. 1, McLennan County, Texas, Trial Court #20011267 CV1.

Dismissed.

Attorney for Appellant/Relator: M. Engin Derkunt, Atty. At Law, Austin, TX.

Attorney for Appellee/Respondent: Phillip E. McCleery and Eric C. Farrar, Sheehy, Lovelace Mayfield, Waco, TX.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY (Chief Justice Davis not participating)

This case was argued with Chief Justice Davis on the panel but he resigned effective August 4, 2003. See Tex.R.App.P. 41(a).


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 commissioner's findings, we have no jurisdiction to entertain this appeal. See Patrick, 879 S.W.2d at 377.

The appeal is dismissed.


Summaries of

RESTITUTION REVIVAL v. WACO INDEP.

Court of Appeals of Texas, Tenth District, Waco
Oct 15, 2003
No. 10-02-248-CV (Tex. App. Oct. 15, 2003)
Case details for

RESTITUTION REVIVAL v. WACO INDEP.

Case Details

Full title:RESTITUTION REVIVAL, AN UNINCORPORATED RELIGIOUS ASSOCIATION, Appellant v…

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Oct 15, 2003

Citations

No. 10-02-248-CV (Tex. App. Oct. 15, 2003)