How many times can a trial by judge be postponed?

Discussion in 'Other Ownership, Use & Privacy Issues' started by sgr1, Jan 23, 2010.

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  1. sgr1

    sgr1 Law Topic Starter New Member

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    We have a case of adverse possession of land. We have used this land for over 20 years with no problems, now this guy wants to trade 200sq ft. ( which we need for a driveway ) for over an acre of highway frontage. This would be like trading $200 for $10,000. We was willing to make a fair trade but he wants it all. He has put this off at least 5 times now. How many times can he and the judge do this. Over two years now. This is a business property in Texas. Is there anything we can do? But wait.
     
  2. dee_dub

    dee_dub Moderator

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    He can keep putting it off as long as the court keeps letting him, which means, basically, as long as he has good reason. At some point, even if he HAS good reason, the court will get fed up. The next time you set a court date, make sure the judge knows the history of the matter, and ask to have the date made peremptory on the other party (i.e. they can't change it and if they don't show up they lose).
     
  3. jharris352

    jharris352 New Member

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    As long as a judge feels there is good cause to put the hearing off he/she may. However you should object to the continuance and move for an immediate trial.
     
  4. army judge

    army judge Super Moderator

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    The property is in what county?


    Sent from my iPhone using Tapatalk
     
  5. fredrikklaw

    fredrikklaw Moderator

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    Your Move!

    If you have satisfied the conditions governing adverse possession, which by the sound of it you have, and the statute of limitation for your state has run, then there should be no hold up and the land is yours upon your filing of an action to Quiet Title which should include a recording of a Lis Pendens.

    Now, a judge does not, in fact cannot postpone matters on his own accord except in response to motions from the parties. In this case, it must be your opposite number (the soon to be previous land owner) who must be filing all sorts of frivolous papers with the court that has caused this huge delay and you really do not have to sit and wait for the next postponement.

    There are a couple of proactive legal maneuvers available to you but first, if you have not recorded a Lis Pendens with the county clerk, do so right away which is mighty important to your case. You can then either file a request for a Declaratory Judgment and Declaratory Relief or go for the jugular and move for a Summary Judgment. Any of these actions will stir the pot and shake the judge out of his stupor and force the case to proceed without further delay.

    fredrikklaw
     
  6. sgr1

    sgr1 Law Topic Starter New Member

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    Thanks for the replies.
    We have a new trial date of Feb.17th according to our lawyer this is suppose to be it.
    The property is in what county? Cass County, TX
     
  7. army judge

    army judge Super Moderator

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    The reason I asked is because there is a similar case in Bell County.
    It took that case 3 years to go to trial.
    The trial took three days.
    That was a month ago.
    The judge took the case under advisement and we're still awaiting a ruling in the case.
    That may give you an idea, at least from Bell County.
     
  8. sgr1

    sgr1 Law Topic Starter New Member

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    Well it got postponed again his lawyer said he was losing his voice and he couldn't talk. This started yesterday afternoon imagine that.

    And to top that off the judge ordered it to meditation, where did that come from? Wait 2 years and then mediation. The judge himself said it probably wouldn't do any good. We are way too far apart in any kind of agreement and we want him to pay damages now. He wants everything and for us to pay for. He has lost his mind.

    March 18th is the new date.
     
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