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Moncada, et. al, v. Navar

In this forcible-detainer suit, the county court concluded that the appellants failed to perfect their appeal from the justice of peace court, because they did not pay rent into the court registry. In their sole issue, appellants contend that the county court erred in concluding that they could not perfect their appeal without paying rent into the court registry. The El Paso Court of Appeals agreed, reversed the dismissal order and remanded this cause to the county court for further proceedings. El Paso Court of Appeals, No. 08-09-00324-CV, 01-05-2011

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OPINION

In this forcible detainer suit, the county court concluded that the defendants failed to perfect their appeal from the justice of peace court because they did not pay rent into the court registry. In their sole issue, the Moncadas contend that the county court erred in concluding that they could not perfect their appeal without paying rent into the court registry.

In June 2009, Bert Navar purchased the home of Roberto and Juana Moncada at a foreclosure sale. *fn1 The Moncadas refused to vacate the premises, so Navar sued them for forcible detainer in justice of the peace court. On July 21, 2009, the justice of the peace ruled in Navar’s favor. On July 24, 2009, the Moncadas filed a notice of appeal and pauper’s affidavit. The record reflects that no one contested the pauper’s affidavit.

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