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Was there a plea to the jurisdiction or did the court rule on the issue without the necessity of the other side filing anything?
There was a plea to the jurisdiction
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.
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
I haven't look at the cases in 15-20 years so I don;t know if there has been a case law change.
I think there has because I have several cases interpreting jp appeals from anywhere from 1-10 years ago
That may be, I just wanted to let you know there could be an issue there you may want to prepare for.
How long do you think it takes for Appeals couts to rule on issues?
But assuming you can appeal then you would be entitled to the Finding of Fact.
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.
And it does not have to reference anything specific, just invoke the relevant statutes?
I don't understand that last one, can you rephrase?
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?
No, you just file a generic one referencing the TRCP.
Great thanks so much for your help.
You're very welcome. Good luck with the appeal.
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.
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