Involved in a legal action that was supposedly settled by arbitration. When the other party did not live up to the agreement, the case went to trial. After judgment against them, they have filed to have the case retried. On what basis can a case be retried (Texas, $33,000 at issue)?

Hello M:

If there was judicial error or the judge abused his discretion. It can't be retried just because they don't like the outcome.

excon

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Originally Posted by Mommo

... they have filed to have the case retried ....

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What basis did they give in this filing?

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Originally Posted by Mommo

Involved in a legal action that was supposedly settled by arbitration. When the other party did not live up to the agreement, the case went to trial. After judgment against them, they have filed to have the case retried. On what basis can a case be retried (Texas, $33,000 at issue)?

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They can appeal the matter but if more than 30 days has elapsed since the trial then they are out of luck. The matter can't be refiled as it will be dismissed. The only other option is to file an appeal. The appeal of a matter like this would have to be granted by the Appeals Court and then only if the appeal has merit the case will be remanded back to the original court to be retried. The reasons for the appeal of the case to be successful would have to show judicial error and case law supporting the reason for the remand back to the court. And an appeal like that would be expensive to do by any attorney's office. To defend an appeal like that would also be expensive as well. And over $33K? I could see $300K, but not 33.

AKLawyer said: Read the question. OP is talking about an application to re-try the case, not an appeal.

Of course I read the OP's question and answered accordingly. I have never had any attorney I worked with/for ever file to have a case retried after a judgment was rendered. They were not that dumb do waste the Court's time with an impossibility of the motion/filing being granted.

Do YOU have a better answer other than the one you posted asking

What basis did they give in this filing?

That is not a real answer but just asking the OP a question. You were just tap dancing as usual in your answers.

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Originally Posted by Mommo

Involved in a legal action that was supposedly settled by arbitration. When the other party did not live up to the agreement, the case went to trial. After judgment against them, they have filed to have the case retried. On what basis can a case be retried (Texas, $33,000 at issue)?

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Texas Civil Practice and Remedies Code Sec. 151.012:

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NEW TRIAL. If the special judge does not submit the verdict within the time provided by Section 151.011, the court may grant a new trial if:

(1) a party files a motion requesting the new trial;

(2) notice is given to all parties stating the time and place that a hearing will be held on the motion; and

(3) the hearing is held.

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Sec. 151.011. SPECIAL JUDGE'S VERDICT. The special judge's verdict must comply with the requirements for a verdict by the court. The verdict stands as a verdict of the referring judge's court. Unless otherwise specified in an order of referral, the special judge shall submit the verdict not later than the 60th day after the day the trial adjourns.

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Originally Posted by twinkiedooter

... I have never had any attorney I worked with/for ever file to have a case retried after a judgment was rendered.. .

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Just curious. How many arbitration cases have you worked with in the state of Texas?

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Someone has a problem dealing with females.

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And everyone who disagrees with a certain so-called "black" community organizer turned chief executive is a racist.