No. 20-5449

Carolyn R. Dawson v. Kevin Pakenham

Lower Court: Texas
Docketed: 2020-08-21
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review civil-procedure forcible-detainer no-evidence-motion property-rights summary-judgment texas-law
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (from Petition)

There appears to be a split and/or confusion within the courts regarding "Motions" for No-Evidence Summary Judgments Appeals and a Forcible Detainer "Complaint" Appeal for immediate possession. Texas laws clearly state that Motions for No-Evidence Summary Judgments differ from the usual Summary Judgments rendered as trial verdicts. The Thirteenth COA review these motions de nova at the Appellate level as seen in; Appendix L, While the First COA claims want jurisdiction as though Plaintiffs appeal was for a Forcible Detainer only which appears to be in error. The question presented is: Whether Motions for No-Evidence Summary Judgments Appeals the Forcible Detainer Complaints Appeals because Texas Rule 166a states they are different.

Question Presented (AI Summary)

Whether Texas courts have properly distinguished between motions for no-evidence summary judgment and traditional summary judgment in forcible detainer proceedings

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-02
Petition for Rehearing filed.
2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Carolyn Dawson
Carolyn R. Dawson — Petitioner
Kevin Pakenham, et al.
Abel ManjiHird, Chu, Lawji and Manji P.C., Respondent