Susan J. Clouthier Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Intermediate courts of appeals do not grant oral argument often, and if the briefing provides the facts and law needed to resolve the issues raised on appeal, they will set the case for submission on the briefs. Not setting for oral argument does not indicate which way they are leaning or whether... View More

Neither.

An appeal is an appeal. On appeal, the court of appeals will evaluate the complaints raised in the appellate briefs to determine whether the trial court committed an error of law which was properly preserved by a complaint and ruling in the trial court which was not cured by the... View More

An appeal typically goes initially to the court of appeals for the appellate district of the county in which the trial court is located. If the trial court is in a county that is assigned to more than one appellate district, the appeal will be randomly assigned to one of the applicable appellate... View More

I am an appellate lawyer who regularly practices before the Fifth Court of Appeals in Dallas. I charge $450 per hour. Because the time spent on an appeal is heavily front-loaded, I typically require an initial retainer of $25,000 to handle a direct or restricted appeal from a default judgment.... View More

I note that, while not legally required for individual parties, a successful appeal usually requires the assistance of a skilled and experienced appellate attorney.

Because the legal services associated with an appeal are front loaded (meaning the majority of services are rendered in the... View More

If you arrange a consult to discuss an appeal, think about what you stand to gain and what you stand to pay. Ask about the costs of the appeal and prospects for its success. Appeals can be expensive, and grounds for appeals (as a general matter nationwide) are generally narrow and limited. Good luck

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023

Unfortunately, the PO and the DA are allowed to amend or add to the list of violations. They have to follow the rules and have to serve you again with the added charges as a matter of law.

If you have had some bad breaks, then you will need to tell the court about your situation and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Si ha recibido una orden de deportación por no asistir a una audiencia programada, es posible que pueda apelar la decisión si puede demostrar que su ausencia fue debido a una enfermedad grave, como COVID-19.

Para apelar, deberá presentar una moción de reconsideración ante el tribunal... View More

You should have an experienced attorney carefully review your court file.

If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.

If you weren’t served with your ex’s... View More

It depends on whether you are filing a writ of mandamus in the trial court or in the appellate court.

In the trial court, you do need to issue and serve a citation.

In the appellate court, you do not need to issue and serve a citation.

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... View More

In most cases in county or district court, within 30 days of the date the Order of Dismissal is signed by the judge.

This deadline can be extended, however, by the timely filing of certain particular motions.

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should... View More

You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... View More

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the... View More

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

You can usually file a petition for discretionary review to the Supreme Court of Texas.

Findings of fact remain even when an order has been vacated. The findings of fact frame the issues for an appeal of whatever final order is entered by the court. A trial court can amend or make additional findings of fact.

A Texas attorney could advise best, but your post is a few days old, and time may be of the essence in your matter. You may want to repost and add "Employment Law" as a category. Not all questions here are ultimately picked up, but you might have better chances of a reply with that... View More

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to either research the issuing agency's conditions or to contact them for information and options. Good luck