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LegalEagle1
LegalEagle1, Attorney
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Experience:  Practicing attorney licensed for over 23 years.
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can my appeal from small claims in the justice of the Peace

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can my appeal from small claims in the justice of the Peace court to the county court be denied for any reason? I was the Plantiff in the case and I sued the defendant for $5790. The JP court awared me judgment in the amount of $1350. I filed an appeal to the county court because I was not at all happy with what she awarded (the value she placed on my animals and property that was destroyed by the defendants dogs) I have already filed my appeal. It was filed on day 5 after the judgment. I also posted the Civil appeal bond that they said I was required to post (which I dont understand since I was the winner in the case) So is there any reason that they can deny my appeal?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

I want to make sure that I understand your question. You are asking "is there any reason that [the court] can deny your appeal." Are you asking is there a procedural reason that the court would deny your appeal, or are you asking is there a reason the court may deny your appeal on the merits?
Customer: replied 1 year ago.


Well for any thing really. They only give me 10 days to appeal so I want to make sure I dont get it denied and not have time to correct whatever reason they deny it.

Expert:  LegalEagle1 replied 1 year ago.
Well as long as you have filed the appeal properly. Assuming you filed out the proper paper work and filed it correctly it appears you are within the time frame and have posted the required bond.

The next step is that you will have a trial de novo in the higher court. A trial de novo is a form of appeal in which the appeals court holds a trial as if no prior trial had been held. So you will have a new trial at which you run the risk that the court could deny your claim all together and award you nothing. (If there is a counterclaim the defendant could win an award. You made no mention of a counterclaim, so I will assume there is none.) The upside is the court could award you a higher amount than what the lower court awarded. Which in your case could be $5790.

The trial is new, so the court will judge the case fresh. If the Justice of the Peace was not in agreement with the value you placed on your damaged property, you should try to present better evidence at the new trail as to their value. You may want to have an independent appraiser testify as to damage and cost to repair/replace the damaged property.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.

I do have additional evidence to support my values. I was totally floored when I got her judgment for 1350.00 The other thing that pissed me off was that during the trial I had more evidence to present but she kept telling me she didnt need to see it. Then she gave me a pathetic value so it seems to me that she really did need to see it. But I did file the appeal stating that the reason for my appeal was due to the princial being insufficent and I filed the civil Appeal bond in cash. I just want to make sure that they cannot deny my appeal. I am not worried about presenting my case at the next court I just want to make sure I get to the next court.

Expert:  LegalEagle1 replied 1 year ago.

Which jurisdiction are you in? I would like to check online to make sure that the court does not have a set of local rules that may come into play. Was the court in Tarrant County?

Customer: replied 1 year ago.


JP Court Precint 4, Tarrant County Texas. Small Claims

Expert:  LegalEagle1 replied 1 year ago.
I just checked online. The court does not have any special rules that would be applicable to appealing any case from JP Court. I must admit it is the first time I've seen a court address the use of chewing tobacco in the local rules.

If you want to be 100% certain that your forms are file are correct and there's no errors contained in them I suggest you contact a local attorney in your area and let him review them and have him tell you if there's any problems with them.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1, Attorney
Category: Legal
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Experience: Practicing attorney licensed for over 23 years.
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