Have you received a decision in your lawsuit and want to learn more about Texas civil appeals? It’s important to understand what an appeal is, good reasons to appeal, and what happens during the appeals process. At Henke & Williams, LLP, our lawyers have knowledge of and experience with civil appeals in Texas. When you need advice about an appeal, start with our firm.
What Are Civil Appeals?
Civil appeals are a higher level of review for your legal case. When you initially file a lawsuit, your case will be heard by a judge and sometimes a jury. At the end of the legal case (unless you settle), you will receive a final order from the judge. In some cases, it makes sense to appeal the final order to receive a second opinion from an appeals court. The judge or judges will review the issues in the case and issue a new opinion.
In some legal cases, orders issued by the judge before the final order can be appealed. Not all orders are appealable; it depends on the laws that apply. You should speak to the lawyer who is handling your case about when an appeal is appropriate.
Reasons to Appeal in Civil Cases
Depending on the orders made in your case, there may be a good reason to appeal the judge’s decisions. For example, an appeal may be appropriate if:
- There was a legal mistake in the decision’s reasoning
- There was a procedural error in the legal process that led to an unfavorable decision
- The factual findings were not sufficient to support the decision
In other words, you and your lawyer must believe that there was a significant error (legal, procedural, or related to the burden of proof) to support an appeal. Not all cases are appropriate to appeal. When cases go up on appeal and are considered in detail by an appeals court, it is because the court needs to review the case again.
It is a very good idea to consult with an appellate lawyer like those at Henke & Williams, LLP to evaluate the specific facts and law in your case. Your lawyer can help you determine if an appeal makes sense for you. Keep in mind that you should consult with an appellate lawyer as quickly as possible after you get the final decision. You may have only a short time to file the appeal, depending on the laws at issue in your case.
The Appeals Process
In Texas, your case may be appealed to one of several different courts. The right court depends on which judge issued the decision you are appealing. For example, you may need to appeal to the Texas Court of Appeals, a county-level court, a United States District Court, or another court.
As mentioned above, you have a limited amount of time to file an appeal. The time frame depends on the type of case you are pursuing. Within that time frame, your lawyer will need to file a detailed legal brief explaining the reason for your appeal with the appropriate court. Once the appeal is filed, the judges for the court of appeals will review your case in detail. They may hold a hearing or ask for additional briefing on important issues.
After consideration, the appeals court will issue a decision on your case. This decision may uphold the lower court’s ruling or alter it in some way. You should discuss the decision with your lawyer so you understand the ramifications. You may have the ability to appeal the decision again to a higher court. Or you may need to talk about how the decision will impact you moving forward.
Let Us Help with Your Civil Appeal
As experienced Houston appellate lawyers, Henke & Williams, LLP help our clients pursue their civil cases. If you need advice about whether to file an appeal, you need an experienced lawyer on your side. To set up a consultation and learn more, call 713-940-4500 or use our convenient Contact Form.