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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26756
Experience:  Began practicing law in 1992
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I was currently ruled against for Want of Jurisdiction and

Resolved Question:

I was currently ruled against for Want of Jurisdiction and my appeal dismissed from County court back to JP court for an insufficient bond. I plan on filing a request for findings of fact and conclusions of law.

The Supreme Court ruled that findings of fact and conclusions of law are discretionary, but not required, after the following types of judgments and orders:

an order on a plea to the jurisdiction following an evidentiary hearing


At the dismissal hearing the judge heard facts and heard testimony. Am I entitled to the findings in this case?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Was there a plea to the jurisdiction or did the court rule on the issue without the necessity of the other side filing anything?

Customer:

There was a plea to the jurisdiction

JD 1992 :

You should be entitled to the findings. The issue that I see arising is that the court can rule on the motion without evidence based solely on the record in front of it. Knowing how often the Courts of Appeals in Texas dodge issues and rule on procedural grounds that is likely what they are going to do.

JD 1992 :

However, another issue which you may want to research is whether you even get to appeal the issue. The law used to be that a JP judgment could only be appealed to the County Court and no higher. Therefore when the County Court ruled on the issue it was final. I haven

JD 1992 :

I haven't look at the cases in 15-20 years so I don;t know if there has been a case law change.

Customer:

I think there has because I have several cases interpreting jp appeals from anywhere from 1-10 years ago

JD 1992 :

That may be, I just wanted to let you know there could be an issue there you may want to prepare for.

Customer:

How long do you think it takes for Appeals couts to rule on issues?

JD 1992 :

But assuming you can appeal then you would be entitled to the Finding of Fact.

JD 1992 :

Anywhere from six months from the time you appeal to years. I had one case sit in the Court of Appeals for two years before they ruled.

Customer:

And it does not have to reference anything specific, just invoke the relevant statutes?

JD 1992 :

I don't understand that last one, can you rephrase?

Customer:

sorry does the findings of fact have to ask for specific decisions on fact and law or can it be generic and just reference the appeallate statutes?

JD 1992 :

No, you just file a generic one referencing the TRCP.

Customer:

Great thanks so much for your help.

JD 1992 :

You're very welcome. Good luck with the appeal.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26756
Experience: Began practicing law in 1992
Dwayne B. and 13 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 11 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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