cjtx Posted January 9, 2008 Report Share Posted January 9, 2008 Last month I lost a hearing to compel arbitration, so the judge dismissed my claims without prejudice and ordered arbitration. However, it's been a month and he hasn't signed the order yet. The other party was supposed to send him the order, but nothing so far.Trial is still scheduled for 3 weeks from now according to the clerk's docket.I already filed a motion for new trial in case he decides to sign the order so I won't miss my deadlines for the appeal and to raise all the points of error.What happens if he doesn't sign the order? Does the case go to trial as if the previous hearing never happened? Link to comment Share on other sites More sharing options...
bubbaboo Posted January 10, 2008 Report Share Posted January 10, 2008 Until he signs the order, the case is not final. So you cannot appeal it and you will not lose your right to appeal. So your notice of appeal is premature, but that really is not a problem. If the case is set for hearing in three weeks, and the order is not signed by then, you need to be there. Remind the judge that the other attorney was supposed to prepare the order. Judges do hundreds of these cases and things get lost in the suffle. I would not miss any hearing. You should probably call the office of the other attorney and ask when the order will be sent to the judge. It may have been sent and is sitting on the desk of the judge.After the order is filed with the clerk, then you file your notice of appeal. I think you have to do it again. Your previous notice was premature. Link to comment Share on other sites More sharing options...
cjtx Posted January 10, 2008 Author Report Share Posted January 10, 2008 The appeal was premature, but according to TX RCP my appeal will become effective on the date the order is signed. I just didn't want to risk having the judge predating the order and missing my deadlines.I think the other lawyer is playing some kind of game. He hasn't sent the order to the court because he is required to send me a copy and I haven't received it either.Last time the judge suffered a severe case of amnesia regarding a previous order he had given. Of course this time around I got a transcript from the court reporter... so no more alzheimer's excuses. Link to comment Share on other sites More sharing options...
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