Let’s talk about the complications that sometimes come up with appeals. There are a number of people who come to me after a lawsuit was won, and say, “I don’t know what to expect out of the County Court.”
In such a case, things started in the Justice Court, and they appealed up to the County Court. Now there is a totally different judge, and it really is a new set of rules and expectations.
So, one of the issues that comes up a lot is the issue of new claims.
For example, a landlord files a lawsuit to evict the tenants because they have an unauthorized pet. They have photographs of the pet. They have written statements of the pet. They themselves have gone and seen the pet. The tenant does not deny that they have a pet. But at the Justice Court, where they lost, the tenant decides, “I am going to appeal” because they have since got rid of the pet.
If rent was not an issue, but became an issue after the lawsuit was filed, you cannot introduce the issue of non-payment on appeal.
So, if the basis of your lawsuit in the Justice Court was an authorized pet, and then they stopped paying rent and haven’t paid rent this entire time, you’re not allowed to ask for rent. A very good defense on their part would be: “It is not in the original pleadings, so they don’t get to ask for it.”
The above-mentioned example would actually require the second lawsuit, or a new eviction matter in the Justice Court all over again. New issues cannot be introduced on appeal.
While the other side is entitled to a brand-new defense, it can’t be to some new matter. If they tried an argument that the Justice Court didn’t like, they can try a different argument at the County Court. And the County Court might like it.
However, you as a plaintiff cannot introduce a new cause of action on appeal. Your issues are limited on Appeal to what you claimed in your Eviction Petition filed at the Justice Court.
If you said that the only reason you are evicting this person was because they have an authorized pet, but then all of a sudden they stopped paying rent, unfortunately, that fact doesn’t come in.
It’s a bad fact, it’s unfortunate that it happens, and it shouldn’t happen, but that’s a separate cause of action. You would have to go back to the Justice Court and file a new cause of action on a new basis for a lawsuit.
The only things that can be heard on the appeal are the issues that came up in the original filing. Everything else would be improper. And if the court did rule in your favor, then they do have a reversible error for a second appeal.
So, if you have a new issue pop-up, you either have to restart the process, or you have to hope that the basis for the original issue is enough to get them out. And you can cut your losses and say, “Well, I know I didn’t get rent, but I could sue them later in a separate lawsuit. My highest value was getting possession back in,” and that might just be the key.
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