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  1. #1
    Join Date
    Apr 2020
    Location
    Texas
    Posts
    7

    Question Squatter lost appeal and now is requesting a rehearing, I need to block her

    My question involves real estate located in the State of:Texas

    Its a long story but I will be concise.

    I won the trial court judgement on a cause to quiet title. The Squatter appealed. I was awarded the judgement at the appeals court. However, before the case was decided I had introduced a motion to dismiss as moot the appeal cause because the land in question was sold by me. I sold the land while the squatter was perfecting the appeal. It was a legal sale since the squatter did not stay the judgement at the district court or at the appeals court.

    The appeals court denied the motion because the evidence (deed was found to be incompetent). I did not submit an affidavit or a copy of certified deed. The court still awarded me the land. However, the squatter last week filed for a rehearing plus 30 days to get ready and the court approved.

    I am now in the process of resubmitting a certified deed, and affidavit and all have appostille verifying the public notary. Here is the question. Are these documents all attached to the motion separately or place withing the motion (perhaps at the end of the document)?

    Also, when I scan the apostille the document will show a watermark, is this OK?

    I get stuck on procedures. Thank you for your help.



    Trying to kill the zombie that never dies.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Squatter lost appeal and now is requesting a rehearing, I need to block her

    Quote Quoting jmcglot
    View Post


    I get stuck on procedures.
    Then you need a lawyer to unstuck you.

    Litigation at the appellate level is complicated.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Squatter lost appeal and now is requesting a rehearing, I need to block her

    I agree with the prior response. You need a lawyer. Also, I've never heard of a situation in which an apostille is needed for a domestic document. It's generally only needed for authenticating documents from foreign countries.

  4. #4
    Join Date
    Apr 2020
    Location
    Texas
    Posts
    7

    Default Re: Squatter lost appeal and now is requesting a rehearing, I need to block her

    I am using an apostille to authenticate the affidavit and the deed (originated in Florida) but deed filed in tx and case in tx. I am e-filing (preferred way) and that requires scanning the documents. The apostille paper will show a watermark --will that invalidate my submission?
    I might be over thinking this.

    the only other other way of submitting is by walking in hard copies. And there is only one original and documents for the appeals court have to be in triple submission for all three judges if submitting physical documents.


    The deed will be a certified copy.
    Hoping to submit these as evidence to dismiss the case as moot.

  5. #5
    Join Date
    Jul 2018
    Posts
    157

    Default Re: Squatter lost appeal and now is requesting a rehearing, I need to block her

    Quote Quoting jmcglot
    View Post
    My question involves real estate located in the State of:Texas

    Its a long story but I will be concise.

    I won the trial court judgement on a cause to quiet title. The Squatter appealed. I was awarded the judgement at the appeals court. However, before the case was decided I had introduced a motion to dismiss as moot the appeal cause because the land in question was sold by me. I sold the land while the squatter was perfecting the appeal. It was a legal sale since the squatter did not stay the judgement at the district court or at the appeals court.

    The appeals court denied the motion because the evidence (deed was found to be incompetent). I did not submit an affidavit or a copy of certified deed. The court still awarded me the land. However, the squatter last week filed for a rehearing plus 30 days to get ready and the court approved.

    I am now in the process of resubmitting a certified deed, and affidavit and all have appostille verifying the public notary. Here is the question. Are these documents all attached to the motion separately or place withing the motion (perhaps at the end of the document)?

    Also, when I scan the apostille the document will show a watermark, is this OK?

    I get stuck on procedures.
    Well here is where I am stuck.

    You tell us that the appellate court sustained the trial court's judgment awarding the subject land to you.

    I was awarded the judgment at the appeals court. The (appellate) court still awarded me the land
    If you won at both levels, why is necessary that you revisit and augment your motion to dismiss the appeal? Why hasn't your motion to dismiss been rendered moot? Why would an appellate court entertain a motion by the appellee to dismiss an appeal that has already been decided in appellee's favor?

    Something seems askew here. Perhaps you'd care to explain.

  6. #6
    Join Date
    Apr 2020
    Location
    Texas
    Posts
    7

    Default Re: Squater

    OK, answering my own question after hours of research.
    I believe another person could benefit from the answer.

    Any evidence is attached to the motion in the appendix

    Texas rules of appellate procedure-

    10.2. Evidence on Motions
    A motion need not be verified unless it depends
    on the following types of facts, in which case the
    motion must be supported by affidavit or other
    satisfactory evidence. The types of facts requiring
    proof are those that are:
    (a) not in the record;
    (b) not within the court's knowledge in its official
    capacity; and
    (c) not within the personal knowledge of the
    attorney signing the motion.

    An apostille is a document that is self-authenticating and complies with the Texas Rules of Evidence Rule 902(1)
    (1) Domestic Public Documents That Are Sealed and Signed. A document that bears:
    (A) a seal purporting to be that of the United States; any state, district,
    commonwealth, territory, or insular possession of the United States; the
    former Panama Canal Zone; the Trust Territory of the Pacific Islands; a
    political subdivision of any of these entities; or a department, agency, or
    officer of any entity named above; and
    (B) a signature purporting to be an execution or attestation.

    Conclusion, If you have and apostille as evidence then attach it to the motion and file it.

    efiletexas..gov
    e-Filing is now mandatory for all attorneys filing civil, family, probate, or criminal cases in the Supreme Court, Court of Criminal Appeals, Courts of Appeals, and all district and county courts. While not required, non-attorney filers are encouraged to file as well.

    Conclusion: If the apostille shows a water mark because of e-filing then that is not a concern since e-filing is pretty much required.

    If you won at both levels, why is necessary that you revisit and augment your motion to dismiss the appeal? apparently the loosing party has the right to a rehearing or try for supreme court.


    Why hasn't your motion to dismiss been rendered moot? initially it was denied due to incompetent evidence. The court then ruled in my favor.

    Why would an appellate court entertain a motion by the appellee to dismiss an appeal that has already been decided in appellee's favor? Well, i am trying to resubmit motion to dismiss in order to stop a rehearing.

    The cause is moot because I don't own the land. Why sate everyone's time on a rehearing. Like I said this is a zombie case.

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