Navigating Texas Civil Appeals 

 Posted on October 17, 2024 in Appeals

After a court makes a final determination in a civil case, the losing party still may have the option to appeal the court’s decision to the higher court, also called the appeals court. The panel of three judges presiding over the appeals court will then review the lower court’s decision and determine whether to uphold the ruling. Appeals cases are much more complex than the initial trial, and a competent and experienced Texas civil appeals attorney is necessary to navigate appeals. 

The Texas Appeals Process

• Hiring an Attorney: The appeals process necessitates the writing of legal briefs based on applying the facts of your case to the law. It is important to hire an attorney experienced and knowledgeable in appellate law and procedure. 

• The Right Court: One important piece of information that your attorney will know is the correct appeals court to hear your appeal and where your appeal must be filed. There are relevant procedural rules that determine which appeals court will hear your case. Texas has 14 intermediate appellate courts and the Texas Supreme Court.  

• Timing: An appeal must be filed within a certain period of time following the court’s decision. 

• Legal Briefs: On your behalf, your attorney will file a brief, which is a lengthy and complex legal document arguing the reasons why the court’s decision was in error. 

• No New Evidence: Whether or not there was a trial and depositions in your case, the appeals decision will generally be based on all the existing facts from your case, including testimonies, exhibits, and other documents. 

• Oral Arguments: In some cases, your appellate attorney will present oral arguments before the relevant appeals court. 

• Appellate Decision: The appeals panel will make a decision either upholding or refuting the lower court.

What Are Some Reasons to Appeal Your Case?

There are a few reasons why a party may decide to appeal a court’s decision. An appeal will usually be filed only if you and your attorney believe the lower court made a significant legal error. These types of errors include procedural mistakes that led to the wrong decision and legal mistakes in the court’s reasoning. An appealing party can also argue that the court’s findings of fact about the case did not support the court’s decision. 

Contact a Hill County, TX Appellate Attorney

When you wish to appeal your civil case, having experienced representation is vital in appellate cases. Our attorneys have over 30 years of combined experience and have argued many cases before Texas appellate courts. We understand that an appeals decision can have real ramifications for our clients’ personal and professional lives and strive to fight for our clients. Speak with a Tarrant County, TX appellate lawyer at Cain & Kiel Law now by calling 817-645-1717 today.