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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My lawyer submited waiver to apeal on JP case about animals

Resolved Question:

My lawyer submited waiver to apeal on JP case about animals without my knowledge or approval. can i reopen the case. What can I do?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Has there been a final judgment?

If so, how long ago?

What state are you in?

Thanks,
ZDN
Customer: replied 2 years ago.


JP reach first judgment on 26 Jul 2012. I had 10 days to appeal, my lawyer told me that I signed waiver he was on leave in Florida. When he returned he disclosed that he put the waiver to appeal. I am in TX Coryell county. What can I do. i want jury trial, and I do not agree with judgement

Expert:  Zachary replied 2 years ago.
The JP court loses jurisdiction over the case 30 days after it signs the judgment. You would need to go tomorrow the JP court and request that the waiver be withdrawn and that an appeal be allowed. Your lawyer should do this for you and have to explain that he was the one mistaken for filing the waiver.

Did you ask your lawyer to do this for you?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3928
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Yes, and he refused. Then I went to judge and prosecutor and told them a same thing and try to submit a bond and they refused.
What can I do?

Expert:  Zachary replied 2 years ago.
The court's refusal to accept a withdraw of your waiver requires that you seek a mandamus action from a higher court.

But you need to make sure that the court takes official action. You need to file a Motion for New Trial and Notice of Appeal with the court tomorrow before it is too late. Then you need to have the court document its refusal to accept your motion. After this you can seek a mandamus action from a higher court requesting that they order the JP to accept the revocation of your waiver, as it was unauthorized. The court may very well say that you cannot do this and that you have to stick by your lawyer's waiver of appeal.

If that is the case, your only recourse would be to follow up with the State bar grievance and potentially file a mal practice suit against your lawyer.

-ZDN
Customer: replied 2 years ago.


Which court I need to file. JP or county court or district court?

Expert:  Zachary replied 2 years ago.
Hi,

In specifically addressing your question, I took a look back at the Texas Rules of Civil Procedure governing Justice Courts.

These rules actually provider a lesser amount of time than in the general courts. The deadline is not 30 days, but rather is only 10 days. That means you would have had to file the motion for new trial and notice of appeal within 10 days of the judgment.

You said you went to file this with the court and they wouldn't let you. You may still be able to get mandamus relief, but I need to know more about that situation to advise you.

When you went to try and appeal, did you file any documents? Did you attempt to file documents and the court clerk simply wouldn't take the filing? Please explain what happened in further detail.

Thanks,
ZDN
Customer: replied 2 years ago.

The court was on 25Jul, the judgment was on 26 Jul. My lawyer was not present on 26 jul. Next week tuesday I called his office and ask for appeal, he was on leave in Florida, and told his secretary that I signed waiver for appeal. When he came back 14 days later, we met and he disclosed to me that he did submit waiver to appeal. I asked him to go to court and fix it and he refused.


Then I took witness with me and went to JP court to file a bond. The judge and prosecuter were there and told me that I could not file, even I explained that my lawyer did that without my knowledge. The witness was present.


the judge said that was between me and the lawyer. and it will not be in his court.


I did file griviance to state board. But I need to reopen the case. Please...

Expert:  Zachary replied 2 years ago.
Unfortunately, I think the Justice of the Peace might be correct in these circumstances. Your main avenue of recovery is probably to file a malpractice claim against your attorney.

You can attempt to file a Petition for Mandamus with the District Court to order the Justice of the Peace to allow a new trial based on the faulty waiver of appeal filed by your attorney. However, the District Court would likely tell you that you should have attempted to file a request to overturn the waiver of appeal during the appropriate deadlines in the Justice of the Peace Court, which is 10 days from the date of the JP's judgment. Based on that, it's not very likely that a mandamus action in the district court would be successful for you.

Your attorney is at fault in this case for not asking you about this waiver of appeal and not keeping you informed about your options. However, if you are desperate to stop the JP's order, you have to file a mandamus action with the district court to see if they will do anything.

-ZDN

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