Appeal by Landlord

I will file and prosecute your appeal.  An appeal is appropriate when a landlord gets a “bad” decision in a:

  • Special Detainer action (residential rental eviction actions)
  • Forcible Detainer action (residential properties after foreclosure)
  • Forcible Detainer action (commercial and industrial rental eviction actions)

VERY IMPORTANT !!

The time to appeal is sometimes VERY SHORT (i.e., 5 calendar days in a justice court eviction action). You must act quickly or your appeal will be dismissed because the Notice of Appeal was not filed within the required time.  One day late is too late!

Example: Today is January 1.  You have an eviction action in justice court. The justice court judge signs a “judgment” in the tenant’s favor or signs an “order” dismissing the eviction action.  You have 5 days to file a “Notice of Appeal.”  You don’t count today (January 1); you start counting on January 2. 5 calendar days (not business days) later is January 6.  If you have not filed your Notice of Appeal by January 6, then your appeal will be dismissed.

If you cannot reach me (or someone else) in time, then at least file the Notice of Appeal on time.  Go HERE to download the Notice of Appeal form and instructions. You must also pay the appeal filing fee and a “cost bond”. Call the court that issued the Judgment or Order to find out the correct amounts.

If you still have at least two calendar days left (or you have already filed a Notice of Appeal on your own), then contact me to handle your appeal.

All legal work will be handled by me, including: drafting of the Notice of Appeal, the Appellant’s Memorandum (the appeal brief), and all other related appeal related actions.  Specifically, I will:

  • Review facts with you, to determine:
    • Your chances of success in the appeal, and
    • The best way to proceed and the best arguments to make in the appeal
  • Appear personally for any/all court proceedings
  • Write and file and the appellate brief

 

Getting started is easy!

Call 1-866-957-6247 to set up a telephonic appointment.  I will take care of the rest.

OR

Send me an e-mail with your phone number and the best time to contact you and I will call you to schedule an appointment: Carlton@CaslerLawOffice.com

 

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