Man says inaudible ruling left him unable to file appeal

By Kelly Holleran | Jul 31, 2014

A man claims he lost the chance to file an appeal after a judge rendered an inaudible ruling against him.

Lee Roy Edmundson filed suit July 21 in the Galveston County Court of Law No. 3 against Yvonne Hypolite and Cyrus Hypolite. 

According to the complaint, the defendants filed a complaint against Edmundson on March 31, accusing him of trespassing on their property. The case was based on a concrete sidewalk Edmundson had constructed more than 25 years ago on what he believed to be his own piece of land, according to Edmundson’s current complaint.

Edmundson frequently utilized the walkway to access the back of his property, the suit states. The Hypolites argued the walkway had been constructed on their property.

At the hearing’s conclusion, Edmundson thought he heard Galveston County Judge Sonny James say he was continuing the case to a later date so Edmundson would have time to present his own survey findings, which are different than the Hypolites’ findings, the complaint says.

In turn, Edmundson hired a surveyor, who then filed an answer with the clerk on May 15, according to the complaint. However, Edmundson soon learned that a judgment had already been rendered on April 28 against him, the suit states.

As a result of the foregoing errors in the justice court, a substantial injustice was done to Lee Roy Edmundson, the suit claims. Such injustice was not caused by any inexcusable neglect on his part, the petitioner is entitled to have a writ of certiorari issued in this cause, the complaint says.

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

Edmundson is seeking a writ of certiorari commanding the judge to immediately copy and transmit entries and cause on his docket.

He also seeks other relief the court deems just.

He is being represented by attorney Thomas Cain of Mabry Herbeck and Roberts in Texas City.

Galveston County Court of Law No. 3 case number CV-0072516

This is a report on a civil lawsuit filed at the Galveston County Court of Law No. 3. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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