[navywyfe]

The tenant was evicted and filed an appeal, the tenant was married to my father and now divorced because the tenant committed adultry. The tenant was served twice to vacate all property, but her lawyer appealed it. What can I do? What is the next process? In the state of Texas.

[ScottGem]

What are the grounds for appeal?

[navywyfe]

What are the grounds for appeal?

I do not no. If the judge granted my father everything I do not no why the ex will appeal it, will the judge go back and redo the case?

[AK lawyer]

I do not no. If the judge granted my father everything i do not no why the ex will appeal it, will the judge go back and redo the case?

If you don't know what the basis of the appeal is, I don't know either. In appealing, she must state what she believes the trial court (judge) did wrong.

The ex would appeal it because she didn't like the judge's decision. But that's not enough. The judge would have had to have done something wrong in order to be reversed on appeal.

No. The judge doesn't get to re-do anything unless the court to which the appeal is taken reverses the trial court's opinion and remands the matter to the court for the purpose of making other findings.

The big question is this: is the order of eviction stayed on appeal? If not, the ex can be thrown out (evicted) long before the appeal is decided anyway.

[ScottGem]

I do not no. If the judge granted my father everything i do not no why the ex will appeal it, will the judge go back and redo the case?

If you don't know then its hard for us to help.

There seems to be two separate actions here. First your father sues for divorce and, according to you, is awarded everything, including, I assume, the home they lived in. Apparently, she refused to vacate this home. So your father filed for an eviction order. The eviction order was granted, but her attorney filed an appeal. But you don't know on what grounds.

You also seem to think that it was the same judge. But unless this is a very small town, but that is unlikely. Family court and housing court are usually separate.

So, if you want us to help, you need to get the facts.

[navywyfe]

She said she does not have anywhere to go or money. She is from ireland. Was married to my father for 12 years. I just want her to leave and we all can move on with our lives

The ex would appeal it because she didn't like the judge's decision. But that's not enough. The judge would have had to have done something wrong in order to be reversed on appeal.

No. The judge doesn't get to re-do anything unless the court to which the appeal is taken reverses the trial court's opinion and remands the matter to the court for the purpose of making other findings.

The big question is this: is the order of eviction stayed on appeal? If not, the ex can be thrown out (evicted) long before the appeal is decided anyway.

[navywyfe]

Yes a very small town in Texas. I will get all the facts. Sorry this is my first time in this situation

[ScottGem]

She said she does not have anywhere to go or money.

That she has nowhere to go is not the concern of housing court. The only concern they would have is whether she is entitled to live in the home.

The divorce court, however, would be concerned about that.

So, again, you need to get the facts.

[Fr_Chuck]

An a appeal, just sits up another court action. So has new court dates to do the eviction been set ?

[navywyfe]

An a appeal, just sits up another court action. so has new court dates to do the eviction been set ?

Not yet I will call my father lawyer on Monday. The judge signed off the papers on aug 16 and she had 30 days to appeal so I am waiting to see what is the next step. I am so confused if the judge said she had to vacate the property, and the sheriff said he can not do anything because it is a civil matter. Now just waiting for our next step