When Are Eviction Appeals Set for Trial In Bexar County Court?

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson San Antonio Attorney wrote:

Unlike the standard procedure of the clerk assign eviction suits for trial in the Bexar County Justice Courts, trials upon appeals of eviction judgments are NOT automatically set in the Bexar County Court at Law.

Instead, eviction appeal trials are held only upon written request filed with the Court by EITHER the owner/ landlord/ appellee OR the party in possession (usually the tenant or former owner who refuses to vacate following foreclosure). As with other civil non-jury trials, eviction appeals are heard only on Thursdays and Fridays of each week in the Presiding Court.

A party to an eviction appeal who needs the case resolved by trial is well-advised to contact an experienced evictions attorney who understands the Court process and the law.

Eviction in Texas…It's Not Just For Tenants

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Eviction lawsuits are the mechanism by which Texas courts determine who has the right to occupy and possess property.  This determination does NOT require that the parties be in a landlord-tenant relationship.

Many property owners are surprised to learn that an eviction case is the proper (and legal) way to remove any occupant from property, whether or not there is a lease.

In the past, we have handled eviction cases where the party to be removed is:

-A former romantic partner (boyfriend or girlfriend);

-A family member (parent, adult child, sibling, niece/nephew etc.) or friend who has overstayed their welcome;

-Squatters with no lawful claim to possession;

-Former owners who have lost the property through foreclosure or a Substitute Trustee's sale; and

-Tenants who have held over beyond the end of a lease term.

  

A proper Defendant in an eviction lawsuit is any occupant (whether in naked possession or not) whose right to possession never existed or has ceased.  How that occupant came to occupy the property is not the controlling factor. Instead, the present right of possession is the issue in an eviction case.  

While the nature of the unwelcome occupant's current claim to possession does affect some of the procedure in an eviction case (the type and timing of notice to vacate, etc.) it is not jurisdictional.  In fact, Texas courts have held very clearly that proof of a landlord-tenant relationship is an evidentiary issue in an eviction case, and not a jurisdictional one. See Tex. Prop. Code § 24.002; Academy Corp. v. Sunwest N.O.P., Inc., 853 S.W.2d 833, 834 (Tex. App.-Houston [14th Dist.] 1993, writ denied). 

Why Your Tenant's Bexar County, San Antonio, Texas Eviction Appeal Is Taking So Long to Go to Court

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

Most landlords/property owners who find themselves the victim of an appeal by a tenant who was evicted in the Justice of the Peace (J.P.) court aren't familiar with the lay of the land once that appeal goes to the County Court at Law.

By law, any party (landlord or tenant) may appeal a Justice Court's Eviction decision to the County Court at Law. This is a matter of right. Further, the appeal is taken de novo, which means "new," or as I explain things: "as if the first trial never occurred."

The rules of the game are much different in the County Court at Law.  This is, in part, because the JP Courts are designed to be "user friendly" and serve as the "people's court." The County Court does not make this claim, and is further governed by standards which don't apply to Justice Court. Among these are the Texas Rules of Evidence.

As a lawyer who handles evictions and eviction appeals on behalf of landlords, property owners and property managers, I am frequently contacted by such a person who finds that their tenant's appeal is "languishing" in the County Court at Law. Often, during this period of non-activity, the tenant continues to live rent-free, and "nothing is happening."  

Many folks have the same inquiry:  "When will the County Court at Law schedule the tenant's eviction for trial?"  

The Answer is simple and universally true:  "Not until somebody requests a trial date in writing."  

I realize that this is a departure from what happened in the JP Court. The procedure there (at least in Bexar County) is that a trial date is set at the time that the eviction suit (FE & D) is filed. This is absolutely, positively not the case in the County Court at Law.

In the Bexar County County Courts at Law, the Clerk will set the case for trial only upon receipt of a properly filed "Motion to Set," which the party setting the case is required to send to the opposing party.

It makes sense that the already-evicted Tenant who continues to possess the rental dwelling has a vested interest on letting their appeal sit on the docket. Stated differently, the appellant/tenant has no incentive to set the appeal for trial.  Thus, it is imperative upon the landlord to obtain a trial setting. Otherwise, the case will remain dormant for quite some time.

Fortunately, there is a mechanism for an expedited trial in non-payment of rent appeals. In other cases, trial can be scheduled at the Court's earliest availability.

If you are a landlord, property owner or property manager who finds yourself as the Appellant in a Tenant's eviction appeal, you may be well advised to seek the assistance of an experienced evictions lawyer who understands the process, personalities and rules of the game at the County Court at Law.

Explosives found in home of Columbus, Ohio man facing eviction

Trey Wilson, San Antonio, Texas Eviction Attorney wrote: From the Columbus Dispatch:

Explosives found in North Side home of man facing eviction, deputies say

Franklin County [Ohio]  deputies seeking to evict a man from his North Side [Columbus] home yesterday say they found five explosive devices inside the house.

In rambling writings on the walls and ceilings of his house at 917 Carolyn Ave., Mark A. Kulis claimed to be a “sovereign citizen,” believing he isn’t obligated to pay taxes or follow most laws, said Sheriff Zach Scott.

Also scribbled on his walls were names of politicians, including President Barack Obama and [Ohio] Gov. John Kasich.

Deputies waited until Kulis left his home yesterday morning to deliver eviction papers, Scott said. They decided not to confront Kulis at his home because they had received word that he could be dangerous, Scott said.

When deputies went to the home, there also was a probate warrant pending for Kulis, ordering him to be taken to NetCare for mental-health treatment.

When deputies got inside Kulis’ home, they found four explosive devices in a bedroom closet. The oven also was booby-trapped with an explosive, Scott said.

The Franklin County bomb squad was called to detonate the devices, which was completed safely. Several houses around the property were evacuated during the process.

Kulis, 55, was found with a loaded Colt .38-caliber revolver when he was arrested around 8 a.m. about a half-mile from his house at a car wash at Oakland Park Avenue and Maize Road, according to a complaint filed in Franklin County Municipal Court. He is charged with carrying a concealed weapon and manufacturing dangerous ordnance, both felonies, Scott said.

He was in the Franklin County jail last night and is scheduled to make his first appearance in court this morning.