From Casetext: Smarter Legal Research

Fox v. San Antonio Sav. Ass'n

Court of Appeals of Texas, San Antonio
May 11, 1988
751 S.W.2d 257 (Tex. App. 1988)

Opinion

No. 04-88-00151-CV.

May 11, 1988.

Appeal from the 73rd District Court, Bexar County, Peter Michael Curry, J.

Marion W. Cain, San Antonio, for appellant.

Fred Riley Jones, Elizabeth Lindell, Sawtelle, Goode, Davidson Troilo, San Antonio, for appellee.

Before CADENA, C.J., and BUTTS and REEVES, JJ.

OPINION


San Antonio Savings Association, appellee, moved this Court to affirm the judgment of the trial court. We grant appellee's motion and affirm the trial court's dismissal of appellant's writ of certiorari.

Appellants Jo Anne Fox, Debra F. Person, and Nancy L. McCaslin, attempted to appeal an order granting a forcible entry and detainer against them from the justice court to the district court by writ of certiorari. TEX.CIV.PRAC. REM.CODE ANN. § 51.002(d) (Vernon 1986) expressly prohibits the removal of a forcible entry and detainer action from the justice court to the county or district court by writ of certiorari. Review of such a case is by appeal to the county court. TEX.R.CIV.P. 749.

Appellants have filed a motion for extension of time for filing their brief with this Court based on their attorney's workload. The motion for extension of time is denied. Loc.Ct. Rules of the Fourth Ct. of Appeals, 2(C)(1).

The judgment of dismissal is affirmed.


Summaries of

Fox v. San Antonio Sav. Ass'n

Court of Appeals of Texas, San Antonio
May 11, 1988
751 S.W.2d 257 (Tex. App. 1988)
Case details for

Fox v. San Antonio Sav. Ass'n

Case Details

Full title:Jo Anne FOX, et al., Appellant, v. SAN ANTONIO SAVINGS ASSOCIATION…

Court:Court of Appeals of Texas, San Antonio

Date published: May 11, 1988

Citations

751 S.W.2d 257 (Tex. App. 1988)

Citing Cases

Chang v. Resolution Trust

Under TEX.CIV.PRAC. REM.CODE ANN. Sec. 51.002(a), (d) (Vernon 1986), a case may be removed from the justice…