Have Legal Questions? Ask a Lawyer Now.
Dear Customer, it appears that you have provided sound legal argument to support your position. In drafting an appellate brief, or appellate motion, it is important to keep the facts and law focused on the issues at hand (appeal of your specific case, and focus on the issues in your case, not the lower court judge). By keeping a focused argument with strong facts and law, you will be able to keep your argument clear and avoid having the other party pick your brief apart based on non-consequential issues (making a big deal out of things that really don't impact the merits of your case).
There is not much that can be done about the judiciary structure in the course of your appeal, but if you have strong facts and law, it is possible to change the outcome of your case.
I planned in now way shape or form to disparage the jp judge because she is what I feel, at the least incompetent and at the most working with them. I planned on pointing out that the jp court is not a court of record and that if I am forced to come up with this amount, that means that the jp courts in Texas can take away up to $10,000 worth of someone's property with no official record as to why. I planned on bringing this up in a general sense for overall Texas due process rights/concerns that are guaranteed from the both US and Texas constitution. I also want to make sure that is in there because "god forbid" I lose this motion to dismiss and need to take this to the Court of appeals, I want this memorialized in the proceeding.
Does that seem to make sense and do you think worded in that manner it will be convincing?
One more quick question.
According to TX RCP 91a.3, it seems that they have only 60 days to bring the motion to dismiss after the first pleading containing the challenged cause of action is served on the movant.
This appeal was filed Feb. 22 and the plaintiff's request for initial disclosures were sent to us 4/24. Also they are alleging that they conferenced on the appeal bond increase 4/5 with my former attorney through their former attorney. These are all past 60 days ago. Am I reading the statute wrong and the time frame to for motions to dismiss is only applicable to frivolous lawsuits and am motion to dismiss can be brought at anytime before trial or am I correct in that they missed the deadline and their motion should be dismissed on that alone?
You are right i am in position 1. so you are saying that i can just pay the other side the full amount of the 4k judgement and continue with the trial? I thought if I paid them the judgement that the case would be over. It says that to appeal to county court from jp court it must be double the amount of the jp judgement. I posted the initial bond amount of $2300 at the court. Can I pay them the judgement and continue with the trial or would it be over at that point?
Sorry was typing on the phone before and it auto correct mispelled it.
Thanks so much for your help. You have been awesome. have a good night.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).