First National Bank Mcallen v. Juan Manuel Brown

NORMAN L. UTTER, Associate Justice Opinion ON MOTION FOR REHEARING 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. 1970(a)(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 (Tex. 1924).