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[tx] Need Clarification On A Procedural Question In An Eviction Appeal.

Evicting a tenant at sufferance. Judgement in our favor, tenant appeals. He's posted an appeal bond, but no "inability to pay court costs" affidavit. In Texas, if you don't pay your court costs on an appeal within 20 days (or file a pauper's affidavit) your appeal is deemed not perfected.

Our hearing is set for late June, but I believe the county court should send the appeal back to the JP with jurisdiction. I think my lawyer is trying to milk me for fees, but as I'm not a lawyer, it's highly likely I'm wrong.

What's your interpretation of this?

Rule 143a - Costs on Appeal to County Court:

If the appellant fails to pay the costs on appeal from a judgment of a justice of the peace or small claims court within twenty (20) days after being notified to do so by the county clerk, the appeal shall be deemed not perfected and the county clerk shall return all papers in said cause to the justice of the peace having original jurisdiction and the justice of the peace shall proceed as though no appeal had been attempted.

submitted by /u/okqp
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[tx] Need Clarification On A Procedural Question In An Eviction Appeal.

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