Round Rock, TX asked in Appeals / Appellate Law and Landlord - Tenant for Texas

Q: I need to know how to write an "Order" for the Judge so the case can be moved from an eviction to a civil matter?

Appeal Court and third hearing, both Judges have made it understood there is more to this case and want to hear more from me before deciding.

I have a MOUNTIAN of evidence to prove my side and Judge will need "Order" to throw it out.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Appeals & Appellate Lawyer
  • Houston, TX
  • Licensed in Texas

A: First, and eviction IS a civil matter. (Everything that is not criminal is a civil matter.) Unfortunately, there is absolutely no way to know what actions are necessary without reviewing the whole file to figure out what the problem(s) is. Frequently when a judge says that there is "more to" the case than an eviction, it means that there is a claim to title, which cannot be resolved in an eviction proceeding. If that's the case, the court will typically dismiss the eviction. If that didn't happen, then you need a lawyer to review the case and determine what needs to be done. Even a "mountain" of evidence won't help if it's not relevant, not in an admissible form, or not properly offered.

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