A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only. A judgment of a county court may not under any circ*mstances be stayed pending appeal unless, within 10 days of the signing of the judgment, the appellant files a supersedeas bond in an amount set by the county court. In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.Acts 1983, 68th Leg., p. 3516, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1205, Sec. 5, eff. Sept. 1, 1997.Amended by:Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 2.02(a), eff. January 1, 2012.Acts 2015, 84th Leg., R.S., Ch. 1113 (H.B. 3364), Sec. 1, eff. January 1, 2016.
Absolutely, diving into legal nuances is my forte. The extract you've provided delves into the intricate realm of appeal processes within eviction suits, particularly focusing on county court judgments in Texas. Now, to break it down:
The essence here lies in the limitation of appealing a final judgment on the issue of possession. An appeal in this context can't proceed unless the premises under consideration are solely used for residential purposes.
Staying Judgment Pending Appeal:
The county court mandates that a judgment cannot be paused or stayed during the appeal process, unless a supersedeas bond is filed within 10 days after the judgment is signed. This bond's amount is determined by the county court.
The bond aims to offer protection to the appellee (the party against whom the appeal is filed). It takes into account various factors such as potential rent accrual, potential damages during the stay, and any other damages deemed relevant by the court.
Legislative Amendments:
The information you've cited includes amendments over the years, showing the evolution of this statute. These amendments likely refine or clarify certain aspects of the appeal process, adapting to changes or legal interpretations.
Source Analysis:
The source you've referenced seems to be a section of the Texas Property Code (Section 24.007), detailing the appeal process within the realm of eviction suits. It's crucial to note the legislative history denoted by the Acts and amendments. Amendments from 2011, 2015, among others, suggest modifications or updates made to the original statute.
For instance, the 2011 amendment could have brought significant changes effective from January 1, 2012, likely impacting the appeal procedures or the considerations taken into account for the supersedeas bond.
Understanding the legal framework and its evolution, as evidenced through these amendments, is vital when navigating such intricate legal processes.
In essence, this snippet illustrates the stringent conditions and protocols surrounding appeals in eviction cases within Texas county courts, emphasizing the need for strict compliance with procedures and bonds to move forward with an appeal.
Appeal. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.
To acquire a Texas writ of possession that will lawfully enable you to reclaim your property after your evicted tenant's grace period is over, you must go to the county clerk's office and pay a fee to have the writ issued.
(a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.
If you disagree with an eviction order, you can request a “do-over”—a new trial before a different judge. This is called an “appeal.” To get this do-over (new trial), you must turn in certain forms within 5 days of the eviction order. You turn in (file) the forms with the JP Court that ordered the eviction.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to “stay” or “stop” the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Appeal. A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.
24.007. JURISDICTION. (a) The district court has the jurisdiction provided by Article V, Section 8, of the Texas Constitution. (b) A district court has original jurisdiction of a civil matter in which the amount in controversy is more than $500, exclusive of interest.
The sheriff/constable posts the Writ of Possession on the property. This informs the tenant that they have 24 hours to vacate the premises with their belongings. Once the 24 hours are up, the sheriff/constable is allowed to remove the tenant by force. If the tenant refuses, they will be arrested.
Attorney's Fees and Costs of Suit. (a) Except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, a landlord must give a tenant who is unlawfully retaining possession of the landlord's premises a written demand to vacate the premises.
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023. Section 24.004 - Jurisdiction; Dismissal (a) Except as provided by Subsection (b), a justice court in the precinct in which the real property is located has jurisdiction in eviction suits.
(i) If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the ...
If the tenant fails to comply with the notice to vacate, the landlord can file a suit in justice court. The suit may include a sworn statement seeking judgment against the tenant for possession of the premises and unpaid rent.
A writ of possession cannot be issued more than 60 days after the judgment is signed, but a court can allow 90 days for good cause. The writ of possession cannot be executed after the 90th day after the judgment is signed.
1. After the landlord wins the case. Provided that the tenant does not appeal for reconsideration, a Writ of Possession is issued no less than six days after the landlord wins the case. The Writ of Possession gives the tenant a maximum of 24 hours to vacate the property.
Introduction: My name is Chrissy Homenick, I am a tender, funny, determined, tender, glorious, fancy, enthusiastic person who loves writing and wants to share my knowledge and understanding with you.
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