Eviction Appeals to County Court at Law Are Subject to Expedited Trial

San Antonio Eviction Lawyer Trey Wilson wrote:

Often, a tenant who loses possession of a rental property following an eviction trial in the Justice Court will perfect an appeal to the County Court at Law. Though often frustrating to the landlord, the right of appellate review is a fundamental component of our judicial system.

However, appeal of an eviction Judgment to the County Court at Law need not unreasonably delay the landlord's right to possession of the property, as awarded by the Justice Court. This is especially true where frivolous appeals are filed solely for the purpose of a tenant "buying time" to vacate the premises, which is inevitable. That's because Texas Rule of Civil Procedure 753 provides for a rapid trial of the appeal "at any time after the expiration of eight full days after the date the transcript is filed in the county court."

In most other types of cases, at least 45 days' notice of trial is required. However, in adopting Rule 753, our judicial system recognized the need to counter-balance a tenant's right of appeal with a landlord's right to receive rent (or at least obtain a quick resolution as to the right of possession).

Rule 753 is an important provision whose practical effect prevents unscrupulous tenants from abusing the right of appeal by providing for a quick trial. It shouldn't be overlooked by the landlord-appellee or her lawyer when strategizing the defense of a tenant's appeal.