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the other party appealing judgement in my favor

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L

LORIDW

Guest
state of texas, filed a claim against former landlord, went to small claims court and i won. the other party immediately appealed. what is my responsiblity for preparing for appeal? is the appeal automatic or can the appeal be denied based on the decision of the referee of the claim?
 


JETX

Senior Member
The party appealing the ruling must file a notice of appeal with the original court within 10 days of the ruling and pay the Bond amount that was set by the SC court. The Small Claims court then sends the case file (and bond) to the County Civil clerk. When the case is received at the County Civil clerk, the appellant is sent a letter stating that they have 10 days to pay the filing fee. When paid, the Clerk will assign the case to a County Civil Court who will then docket the case and notify you of the trial date. (If not paid, you can file a motion for dismissal).

The trial at County Civil Court is a 'brand new trial' (called Trial De Novo). And yes, it is considered a 'higher' court and you might consider retaining counsel to help or represent you. The rules of evidence and civil procedure are much more strict and adherance is required.
 

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