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-   -   The judge asked me to file a summary judgement , what happens next? (https://www.askmehelpdesk.com/showthread.php?t=512857)

  • Oct 2, 2010, 08:00 AM
    Warpaint
    The judge asked me to file a summary judgement , what happens next?
    I bought some property that had been foreclosed upon back in 94 and I bought it back in 06 . So when I got my tax deed the county had reserver the minerals. Texas Vernon's Codes Annotated clearly states that the county can not do that. So I file a complaint with the county,I called the judges secretary, and I asked her if the county answerd I petition they did, and I asked her what happens next? She told me that I needed to file a summary judgement hearing so I did now I have a date in the court.so I'm just woundering what happens next??
  • Oct 2, 2010, 09:28 AM
    JudyKayTee

    The summary judgment is either granted or it is not.

    Is that what you are asking?
  • Oct 2, 2010, 10:32 AM
    AK lawyer
    Quote:

    Originally Posted by Warpaint View Post
    ... She told me that i needed to file a summary judgement hearing so i did ...

    Looks like they do things quite informally in Texas.

    Did the county not send you a copy of their answer? They should have. Call the county's attorney and get them to send it to you if they not. It might give you some clues why they figure they could get away with keeping the mineral rights.

    Did you file for summary judgment or just file for a hearing. Strictly speaking, you should file a written motion, together with a written memorandum secifying why you should receive a summary judgment, as well as one or more affidavits reciting the facts to which you or others would testify.

    Can you share the exact section of Vernon's Civil Statutes you are relying upon? Every time I look at the Texas code, I am puzzled as to why they have what appears to be a code of statutes (Vernon's) within a code of statutes (Texas Statutes). It's not clear if both are still current law.
  • Oct 4, 2010, 06:55 PM
    Warpaint
    Comment on AK lawyer's post
    ?1 no I called the co. clerk and she fax me a copy of answer?2 judgement hearing as per the judge clerk ? 3Right! Vernons codes supersede all section tx. gov. and local gov. as well the statue I have is current comes from the 81st tx. Legislature th
  • Oct 4, 2010, 07:11 PM
    Warpaint
    Comment on JudyKayTee's post
    How does the hearing work? Are the laywers there well the judge make a ruling at that time. The hearing was granted for da 1 of Nov.I ready as I will ever be!

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