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    mgray1979's Avatar
    mgray1979 Posts: 1, Reputation: 1
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    #1

    Mar 21, 2011, 12:55 PM
    Texas small claims appeal
    I am in middle of a battle with former leasing management for my deposit in TEXAS. We already went to Texas JP Small claims court. I won. Now the other party appealed it to County Court level. They are trying to scare us with a lawyer and questioning and so forth. Several questions

    1. Who is the Plaintiff and who is the Defendant in the new case?

    2. Can the lawyer force us to drive from a different state for a deposition? (another way of costing us money)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 21, 2011, 03:55 PM

    An appeal is based on the original case, so the roles stay the same. I would check with the court. Normally a deposition is held at the deposed's convenience.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 21, 2011, 07:19 PM
    Quote Originally Posted by mgray1979 View Post
    ... Can the lawyer force us to drive from a different state for a deposition?
    Very much doubt it. Check the civil rules for the court the appeal is being heard in. If they don't say, I would move for a protective order.

    And I question whether they can institute discovery, including depositions, in an appeal.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 22, 2011, 03:23 AM

    Generally an appeal is based on a procedural flaw by the original court or the discovery of new evidence. You can't file an appeal based solely on not agreeing with the court ruling.
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