Appellate Law –

Frequently Asked Questions

At Cain & Kiel Law in Cleburne, we provide appellate services in multiple different types of cases across the state of Texas. Whether you believe an error has taken place in court proceedings, or you feel that evidence was overlooked during a trial, we have the experience necessary to review your case and walk you through the next steps. We can provide guidance on how to proceed if you are considering an appeal, and we will work to make the appeals process as easy to understand as possible. We strive to answer any questions our clients have about appeals and explain the procedures that will be followed and the legal concerns that may arise.

When Can an Appeal Be Pursued?

Typically, appeals must be based on errors that affected the outcome of a case. For example, a judge may have allowed evidence to be considered during a trial when it should have been inadmissible, or they may have simply applied the wrong law. When a party pursues an appeal, they will need to demonstrate that errors were made and that these errors resulted in an incorrect verdict or other unjust outcome to a case.

Can Both Parties Try to Appeal a Decision?

Yes. In a civil case, both parties have the option to file an appeal. The party who lost a case may seek to overturn a verdict that they believed was incorrect. However, even if the case was judged in one party's favor, that party may still seek to appeal the final judgment. For example, if a jury ruled in favor of a plaintiff, but the amount of damages awarded was less than what the plaintiff believes they were entitled to receive, they may appeal this decision and seek additional damages.

What Types of Cases Allow for an Appeal?

Appeals may be filed in many different types of civil court judgments, as well as some criminal cases. Plaintiffs or defendants may pursue appeals in cases related to business litigation, contract disputes, and real estate issues.

What Does the Appeals Process Look Like?

If you plan to challenge the decision made in a trial, you and your attorney will file a notice of appeal. You will draft a brief that details the errors you believe occurred during the trial, and you will provide arguments showing why these errors led to an incorrect or unjust outcome supported by case law supporting your position. Depending on how the other party responds, you may appear before an appeals court and give an oral argument. If the appellate court believes your argument to be valid, the judgment may be reversed or modified, and your case may return to court for a new trial or returned for entry of the correct judgment.

How Long Do I Have to File an Appeal in Texas?

Generally speaking, you have 30 days from the final judgment to file an appeal in Texas. The notice of appeal must be filed within this time limit, and failure to do so may cause you to be unable to pursue further legal action. In certain circumstances, it may be possible to extend the deadline.

Why Should I Hire an Appeals Lawyer?

The process of pursuing an appeal is different from preparing for a trial. Preparation for an appeal will require an extensive review of the facts, case details, and other in-depth analyses to ensure that an accurate and strong argument can be made. It is crucial to work with an attorney who has previously pursued appeals, prepared appellate briefs, and argued cases before appellate courts. Lawyers with appeals experience know the process, and they understand what the appeals court will look for.

Contact Our Cleburne Civil Appeals Attorneys

If you are considering an appeal or have been served with notice of an appeal by the other party, our appeals lawyers can help. We will review your case, discuss your legal options, and determine whether an appeal is the right course of action for you. To learn more about how appeals work or to schedule a consultation with one of our experienced lawyers, please contact our office at 817-645-1717.