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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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This is for Ray: I was suing my previous attorney for filing

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This is for Ray:
I was suing my previous attorney for filing a Rule 11 Agreement without my consent.
The first trial in SC Court I entered in the wrong amount.
Judge dismissed the case without prejudice.
I refiled the same matter in SC Court again, this time with the correct amount.
The judge dismissed that case with prejudice.
In the second trial the counter claim was for the attorney's fees, $500.00.
The question:
How do I file in County Court?
I believe the Judge in SC Court was in error, how do I get the matter remanded back to SC Court or can I?
If I do not pay the $500.00 for the attorney's fees, if he sues me can I counter claim and bring the reasons, the Rule 11 Agreement without consent, as to why I did not pay the $500.00?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Appeals

Either side may appeal to the county court if the amount of the dispute exceeds $20, not including costs. If you feel that the decision was unfair and you have originally asked for more than $20, you may appear in front of the county court judge and go through the trial as before, completely retrying the case in front of a new judge.

If you want to appeal, you must file a Notice of Appeal in the county court within 10 days after the case was decided in the court of small claims. Ask the clerk of the small claims court for help if you need it.

If you still have time here you you have right of appeal.

Thanks again please let me know if you have more follow up.

Customer: replied 3 months ago.
Sorry but this does not answer the question.
1. The first SC Action, matter was dismissed without prejudice. The SC Action second trial was dismissed with prejudice. Was the judge wrong in not allowing the second trial? When a matter is dismissed without prejudice, can you refile the matter to the same court?
2. What rules or laws govern the refile to the same court of the previous matter and judge dismissed the case without prejudice.
3. Can I get the matter remanded back to SC Court? If so, what rules or laws govern this and how do I make this appeal so as to remand the matter back to SC Court?
4. If it has to stay in County Court on Appeal, rules of evidence applies and the procedure is formal, correct?

Sorry but this does not answer the question.
1. The first SC Action, matter was dismissed without prejudice. The SC Action second trial was dismissed with prejudice. Was the judge wrong in not allowing the second trial? When a matter is dismissed without prejudice, can you refile the matter to the same court?

No it would be subject to dismissal if you refile here.Dismissed with prejudice --not sure why judge did this.I am assuming there was a trial here on merits or the other side made a motion here and defects.You can appeal ruling to county court.

2. What rules or laws govern the refile to the same court of the previous matter and judge dismissed the case without prejudice.

(m) “Dismissed with prejudice” means a case has been dismissed and finally decided and

may not be refiled.

http://tools.cira.state.tx.us/users/0032/docs/JP/JP1/Small%20Claims%20Court%20Information%20Packet%20with%20Forms.pdf

3. Can I get the matter remanded back to SC Court? If so, what rules or laws govern this and how do I make this appeal so as to remand the matter back to SC Court?

The county court has right to hear this appeal and to have second hearing here in County Court.

4. If it has to stay in County Court on Appeal, rules of evidence applies and the procedure is formal, correct?

The Tx Rules of Procedure apply it is more formal here you are correct.

Thanks for the follow up.

Customer: replied 3 months ago.
What is interesting is I asked this same question, here.
When a case is dismissed without prejudice can your refile the case back to the same court. I was told yes I can and I did. The issue here is now that I am in County Court the fees increase by a factor of 5. And as I have lost on procedural matters before (I did not know you could not refile the matter) I am very reluctant to appeal the case. Is there a way to buy more time on appeal? As in try to give Notice of Appeal and get the time to actually appeal delayed? The time I have to appeal from SC Court ends in 2 days.
Customer: replied 3 months ago.
Also, if I do not pay the $500.00 and the attorney goes after a default judgement, can I counterclaim and bring up the reason why it was not paid? (The fact that he filed the Rule 11 Agreement without my consent)

You can counterclaim any suit that is filed against you.The time periods for appeal are set out by rule here are not flexible or extendable.

Thanks again for the follow up.

Ray and 4 other Legal Specialists are ready to help you

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