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Midland threatening to sue on Gibson mcdonald (furniture) Here is arb clause


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7 minutes ago, BV80 said:

I did not claim one could appeal to both county and district court.  Here is the rule about appeals from JP court.

Sec. 51.001. APPEAL FROM JUSTICE COURT TO COUNTY OR DISTRICT COURT. (a) In a case tried in justice court in which the judgment or amount in controversy exceeds $250, exclusive of costs, or in which the appeal is expressly provided by law, a party to a final judgment may appeal to the county court.

(b) In a county in which the civil jurisdiction of the county court has been transferred to the district court, a party to a final judgment in a case covered by this section may appeal to the district court.

Notice that (b) says that one must file an appeal in district courts NOT county court in counties where “civil jurisdiction of the county court has been transferred to the district court.”  That is why the rules I previously cited stated “county OR district”.

The point is that, according to 51.011 and 51.012, if he loses his appeal in the court in which appeal was proper in his county, it is not final.  He can appeal from that court to the Court of Appeals.  

So, you're saying...that all the sudden rules other than Part V apply to Justice Court cases?

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9 minutes ago, alwayswinning36 said:

So, you're saying...that all the sudden rules other than Part V apply to Justice Court cases?

I didn’t say that at all.  Once one is in county or district court, he is no longer in Justice Court.  If Justice Court is the end, then why do Rules 51.001, 51.002, 51.011, and 51.012 specify “Justice Court” and address appeals from that court?

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2 minutes ago, BV80 said:

I didn’t say that at all.  Once one is in county or district court, he is no longer in Justice Court.  If Justice Court is the end, then why do Rules 51.001, 51.002, 51.011, and 51.012 specify “Justice Court” and address appeals from that court?

It doesn't. Rules from JP Court apply to those appealed cases.

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1 minute ago, alwayswinning36 said:

It doesn't. Rules from JP Court apply to those appealed cases.

So, all 4 of those rules are there for no reason at all even though they address judgments from JP courts?   They mean nothing and are just wasted space?

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12 minutes ago, BV80 said:

I didn’t say that at all.  Once one is in county or district court, he is no longer in Justice Court.  If Justice Court is the end, then why do Rules 51.001, 51.002, 51.011, and 51.012 specify “Justice Court” and address appeals from that court?

Not all county courts pass their power on to district court from county. If the appeal is successful from jp court, its de novo, so I guess then those rules of that court would apply. But either way, in the matter at hand here the debtor lost his case in jp court, then lost in county court. What was next? Just continue to appeal that debt case all the way to supreme court?

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4 minutes ago, alwayswinning36 said:

Justice court isn't the end. County court would be the end, unless one appealed it to district court. Trying to do so hoping all the sudden a new set of rules applies to that appealed case, is stupid. It will be the same rules regardless what court it's heard in. But when you read Part V of the rules, appeals go to county court. Part V is the rules which apply to JP cases. Some judges may allow others to be used, when they feel the need or feel like allowing such, but that isn't something they're all going to do.

Here is a case in which the Court of Appeals heard an appeal from county court which had originally been decided in Justice Court.  The Court of Appeals rules for the appellant and overturned the county court’s ruling because it determined the county court did not have jurisdiction over the lawsuit because the claim in the appeal was not related to the claim filed in the Justice Court.

https://scholar.google.com/scholar_case?case=16905887709582725862&q=“from+justice+court”&hl=en&scisbd=2&as_sdt=4,44

Here is another decision from the Court of Appeals that was originally heard in Justice Court and appealed to county court.  The Court of Appeals ruled that the county court was wrong to dismiss the appeal and remanded the suit back to the county court for further proceedings.

https://scholar.google.com/scholar_case?case=4445570019519081859&q=“from+justice+court”&hl=en&scisbd=2&as_sdt=4,44

 

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10 minutes ago, BV80 said:

Here is a case in which the Court of Appeals heard an appeal from county court which had originally been decided in Justice Court.  The Court of Appeals rules for the appellant and overturned the county court’s ruling because it determined the county court did not have jurisdiction over the lawsuit because the claim in the appeal was not related to the claim filed in the Justice Court.

https://scholar.google.com/scholar_case?case=16905887709582725862&q=“from+justice+court”&hl=en&scisbd=2&as_sdt=4,44

Here is another decision from the Court of Appeals that was originally heard in Justice Court and appealed to county court.  The Court of Appeals ruled that the county court was wrong to dismiss the appeal and remanded the suit back to the county court for further proceedings.

https://scholar.google.com/scholar_case?case=4445570019519081859&q=“from+justice+court”&hl=en&scisbd=2&as_sdt=4,44

 

Ok. How did any of this apply to the OP scenario? It seemed as though he or she thought they could just keep appealing until they got the decision they wanted.

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2 minutes ago, alwayswinning36 said:

Ok. How did any of this apply to the OP scenario? It seemed as though he or she thought they could just keep appealing until they got the decision they wanted.

I responded to your post in which you stated that no more appeals are available after an appeal in county court.  I merely pointed out for future reference that another appeal is available and that it is to the TX Court of Appeals.

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4 minutes ago, BV80 said:

I responded to your post in which you stated that no more appeals are available after an appeal in county court.  I merely pointed out for future reference that another appeal is available and that it is to the TX Court of Appeals.

I can appreciate what you're saying. Perhaps you are right, and my brother is wrong. I remember him telling me once before it only gets appealed once, and that is to county court unless county transfers their power and the case to district. But if the rules of that court would apply, and they would if it is de novo, I can see your standpoint.

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Just now, alwayswinning36 said:

I can appreciate what you're saying. Perhaps you are right, and my brother is wrong. I remember him telling me once before it only gets appealed once, and that is to county court unless county transfers their power and the case to district. But if the rules of that court would apply, and they would if it is de novo, I can see your standpoint.

Thank you.  I appreciate it.  If appeals from county or district court (after JP court decision) were not allowed, the county court judges could make any decision they choose and never be overturned.  That makes no sense.

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