EVICTION APPEALS – DE NOVO APPEAL TO COUNTY COURT – EVICTION APPEAL LAWYER
Courts often state that eviction actions in Texas are designed as expedited proceedings intended to “provide a speedy, simple, and inexpensive means for resolving the question of the right to possession of premises.” However, the rules and laws governing eviction suits provide ample opportunity for an industrious or “professional” tenant or tenant’s lawyer to delay removal of an occupant.
One of the most-frequently employed tricks of an unscrupulous tenant or other occupant is the filing of an unmeritorious appeal of a Justice Court’s Judgment of Eviction. Texas law provides that either party to an eviction lawsuit can appeal the Justice Court’s decision to the next higher court – the County Court – for any reason or no reason.
Filing an appeal is cheap (sometimes free) and relatively simple for a tenant who is displeased with losing an eviction lawsuit. However, the consequences of an appeal can be disastrous for a landlord who is anxious to recover the property, or to get it occupied by a paying tenant.
By law, appeals from the Justice Courts are considered de novo – as if the first trial never occurred. Unlike justice courts, County Courts do not automatically set eviction appeals for trial. Further, complex rules of civil procedure and evidence govern cases before the county court.
Our San Antonio eviction lawyers frequently practice before the Bexar County Courts. We are familiar to the Judges and staff, and possess the know-how to expeditiously set and dispose of eviction appeals.
On some occasions, we obtain dismissal of appeals on technical grounds, including failure to pay rent while an appeal is pending. In other cases, we secure prompt trial dates, and present courts with evidence conclusively establishing the landlord’s right to immediate possession of the property.
Eviction appeals can be complex and are subject to languishing as the result of the landlord’s inaction. Put our expertise as eviction lawyers in San Antonio to work in promptly disposing of your tenant’s unmeritorious eviction appeal.