Opal Lee Walker v. Blue Water Garden Apartments - Supreme Court Of Utah

Opal Lee Walker v. Blue Water Garden Apartments

By Supreme Court Of Utah

  • Release Date - Published: 1989-09-20
  • Book Genre: Law
  • Author: Supreme Court Of Utah
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Opal Lee Walker v. Blue Water Garden Apartments Supreme Court Of Utah read online review & book description:

We address two issues of appellate procedure in this forcible entry and detainer case: whether petitioners paupers affidavit was sufficient to perfect her appeal from the judgment of the justice court to the county court under Texas Rule of Civil Procedure 749a, and whether petitioners deposit of one months rent required to perfect her appeal under Rule 749c was timely. The county court held that petitioners deposit was not timely, and dismissed petitioners appeal for want of jurisdiction. Without addressing this issue, the court of appeals held that petitioners affidavit was not sufficient to establish her inability to pay the costs of appeal, and affirmed the judgment of the county court. S.W.2d . We disagree with both courts. Consequently, we reverse the judgment of the court of appeals and remand the cause to the county court for further proceedings.

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