A Dallas County Court at Law Judge recently ruled that part of the Texas Property Code is unconstitutional, finding that some provisions violate tenants’ rights when seeking an appeal of an eviction. LPHS appellate and constitutional law attorney David Coale explains what the ruling means for future cases.
Coale said this ruling doesn’t have a precedential effect because it’s not from a court of appeals.
”But nevertheless, there’s an order and it involves a common situation,” Coale said.
Legal counsel for a tenant seeking an eviction appeal could use this ruling to argue their client should not have to pay a month’s rent before having their appeal heard, Coale said.
Read the rest of David’s interview in the Dallas Morning News here.