Any party not satisfied with the judgment of a justice of the peace (justice) in a civil action can opt for a review or appeal.  Both review and appeal are cumulative and are fundamentally different remedies.  A certiorari reviews a justice’s final order[i], whereas an appeal is trial de novo[ii].

An appellate court’s right to review and the extent of review of a justice’s judgment are governed by specific statutes.  For a justice’s judgment review, the writ of certiorari is considered as the appropriate remedy.

Generally, a writ of certiorari is allowed in the following circumstances[iii]:

• where justice exceeds its jurisdictional limit;
• where justice proceeds illegally to pass an award; and
• where appeal or other mode of review is not allowed.

Where a lack of jurisdiction over the parties or subject matter is claimed, writ of certiorari may be filed at any time.  Otherwise, it shall be filed within twenty days from judgment date.  A writ of certiorari must specifically state the judgment complained about and the justice that awarded such judgment[iv].  It must also be in a form prescribed by the State Court Administrator.

An appeal of a justice’s judgment in a civil action is trial de novo.  Trial de novo in appeal is either optional or automatic.  Generally, when a county court acquires appeal jurisdiction on matters from a justice, the trial is conducted de novo as per the procedural rules.  In the case where such matters are not prosecuted, an appeal will be dismissed by appellate court[v].  However, trial de novo is restricted to cases that have been tried by a justice without a jury.

When an appeal for trial de novo is preferred to an appellate court, a justice’s judgment gets annulled and a justice’s authority over that case gets terminated[vi].

Although trial de novo means a new trial, a trial in appellate court will be conducted on issues presented in justice.  A pleading considered sufficient in justice will be deemed as sufficient in appellate court[vii].  Parties to a suit will not be allowed to introduce any new ground in a trial de novo.  However, amendments to pleadings are allowed provided that the cause of action has not changed.

An appeal to a county’s superior court or circuit court can be filed at any time within 30 days after judgment rendition[viii].  An appeal is taken by serving a copy of an appeal notice on an adverse party or his attorney.  An appeal notice must state whether an appeal is taken for the whole or a part of the judgment[ix].

An appellate court will not have any jurisdiction to accept an appeal on matters for which a justice has made an award without jurisdiction.  Even an amendment made in the original petition to attract a justice’s jurisdiction will not confer jurisdiction for an appellate court[x].  For example, when a justice had no jurisdiction to adjudicate on a title to land, an appeal from the justice’s judgment on the issue of real property’s title in a forcible detainer suit cannot be considered by an appellate court because an appellate court also has no jurisdiction on such matters[xi].  Similarly, a counter claim not pleaded in justice and which exceeds the justice’s jurisdictional amount will not be entertained in an appeal in an appellate court[xii].

An appeal dismissed for lack of jurisdiction can be brought back to records under appropriate circumstances by an appellate court through writ of mandamus[xiii].  For example, when the district court dismisses an appeal because it thought it was without jurisdiction as a matter of law and not that it was without jurisdiction as a matter of fact or otherwise, then the district court can assume jurisdiction and proceed with the appeal through writ of mandamus.

[i] Ins. Inst. v. Comm’r, Fin. & Ins. Servs., 280 Mich. App. 333 (Mich. Ct. App. 2008).

[ii] Mullins v. Coussons, 745 S.W.2d 50 (Tex. App. Houston 14th Dist. 1987).

[iii] Bechtold v. Wilson, 182 Ore. 360 (Or. 1947).

[iv] Dormont Realty, Inc. v. Cyrus, 253 Pa. Super. 203 (Pa. Super. Ct. 1978).

[v] Hawthorne v. Dahir, 2008 Tex. App. LEXIS 3430 (Tex. App. Texarkana May 13, 2008).

[vi] Villalon v. Bank One, 176 S.W.3d 66 (Tex. App. Houston 1st Dist. 2004).

[vii] St Luke’s Hospital v. May, 588 S.W.2d 217 (Mo. Ct. App. 1979).

[viii] Nolan v. Fidelity & Deposit Co., 2 Cal. App. 1 (Cal. App. 1905).

[ix] Thomson v. Superior Court of County of Mendicino, 161 Cal. 329 (Cal. 1911).

[x] Redlands High School Dist. v. Superior Court of San Bernardino County, 20 Cal. 2d 348 (Cal. 1942).

[xi] Penrod v. Crowley, 82 Idaho 511 (Idaho 1960).

[xii] Jund v. Stute, 49 Tex. Civ. App. 510 (Tex. Civ. App. 1908).

[xiii] United States v. Franklin, 2009 U.S. Dist. LEXIS 109975 (D. Kan. 2009).