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    ant12's Avatar
    ant12 Posts: 2, Reputation: 1
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    #1

    May 14, 2009, 07:57 PM
    Small Claims appeal in Texas, I am defendant, and want to file motion to dismiss.
    I am a defendant in appeal to county court from small claims court in Texas. The JP granted appellant rights to property but dismissed their request for money due to lack of jurisdiction. So I want to file a motion to dismiss since the JP court lacked jurisdiction the county court lacks jurisdiction on appeal. So do I file my motion to dismiss before the court date or wait until court?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 14, 2009, 08:18 PM

    I don't believe you can, the time to file a motion to dismiss was before they ruled. Now it is at the appeal level, and there it will only address the issues from the first case. Not hold the first case invalid. You basically can't dismiss a case already ruled on.

    If you "dismiss" the appeals, then the lower court ruling will stand firm.

    You need to prove your case in court. If the appeals court in your view does not hold jurisdiction then ask that court to move it to the correct court.
    ant12's Avatar
    ant12 Posts: 2, Reputation: 1
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    #3

    May 14, 2009, 08:27 PM

    Maybe I was unclear that's what I want. The small claims court dismissed their claim for money saying it was out of their jursidiction; because they asked for 10000.00 but showed what they thought was 11000.00 owed. So I want to file motion to dismiss their appeal before we go to court Monday or at court, because the county court has concurent jurisdiction with JP court on appeals. So should I file before we go or when.
    hbuzz's Avatar
    hbuzz Posts: 2, Reputation: 1
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    #4

    Jun 4, 2012, 07:12 PM
    I, had filed a suit in small claims court... was awarded a small amount witch was out of pocket and no additional funds for the necessary repairs...
    Now the individual is appealing and has filled with the county court of law no.2
    What is the next step? I can see no good will ever come of this!
    hbuzz's Avatar
    hbuzz Posts: 2, Reputation: 1
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    #5

    Jun 4, 2012, 07:18 PM
    Quote Originally Posted by hbuzz View Post
    I, had filed a suit in small claims court...was awarded a small amount witch was out of pocket and no additional funds for the necessary repairs...
    Now the individual is appealing and has filled with the county court of law no.2
    What is the next step? I can see no good will ever come of this!
    The qjuestion is where do I GO FROM HERE?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 4, 2012, 07:48 PM
    Quote Originally Posted by hbuzz View Post
    I, had filed a suit in small claims court...was awarded a small amount witch was out of pocket and no additional funds for the necessary repairs...
    Now the individual is appealing and has filled with the county court of law no.2
    What is the next step? I can see no good will ever come of this!
    You too are in Texas? And, I gather, justices of the peace try small claims cases there? You were awarded a judgment, although it was not everything you asked for? And now the defendant is appealing to a higher court?

    The next step should be in the appellate rules for your jurisdiction. You should read and understand them. I would expect that this county court will issue an order telling the parties to the appeal (you and the other party) what happens next. But that's just a guess. I'm fairly confident that the next step is for the appellant (the other guy) to file something, brief, memorandum, something like that. Or, if there is to be a hearing you should be notified.
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