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Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Energy, Oil and Gas and Libel & Slander for Texas on
Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if appellant attorney notifies my trial attorney of appeal, but I will be representing myself?

This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2024

The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.

If the Appellee intends...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More

James L. Arrasmith
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answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Identity Theft for Texas on
Q: A court enters the following findings of facts. a visiting judge vacates order but not mention the facts are still valid
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

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.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How many days I have to oppose an appeal?

It was filed on January 17, 2024

John Michael Frick
John Michael Frick
answered on Jan 24, 2024

In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Rule 329b(h): if a judgment is modified , corrected or reformed in any respect, time for appeal shall run when signed

However , if a correction is made pursuant to Rule 316 after expiration of plenary power provided by this rule, which states no complaint shall be heard on appeal that could have been presented in an appeal from original judgment. Rule does not address to substantial change made through a Nunc... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

Just because a judgment is entitled a "judgment nunc pro tunc" does not mean that it is in fact a judgment nunc pro tunc. If a new judgment makes a substantive change to the previous judgment, it is not a "nunc pro tunc" despite its title. Within its extended plenary power, a... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can I find out the total sum owed on a charges with each case number? If not, how do I find that information
John Cucci Jr.
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answered on Dec 29, 2023

Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed

My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.

John Cucci Jr.
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answered on Dec 29, 2023

First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.

When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My son's court appointed appellate lawyer resigned from his case what can we(family) do next.

My son was convicted of capital murder in Tarrant County earlier this year.

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Your son can appeal pro se or hire a private attorney.

If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I am currently in the appeal process right now for unemployment
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

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

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I was never served papers (citation) and now i have a default judgement agaisnt me. What can i do?

This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I exhausted all my remedies in federal courts and wanted to know could I still bring up old and new arguments in Supreme
Theodore M. Cooperstein
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Theodore M. Cooperstein
answered on Oct 29, 2023

To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12... View More

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Appeals / Appellate Law for Texas on
Q: Small claim court judge skipped the default hearing & set it for bench trial, why didn't they move forward with hearing?

Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.

1 Answer | Asked in Appeals / Appellate Law and Health Care Law for Texas on
Q: Hello, I inadvertently forgot to renew my home health license for the first time in over 18 years. Can I appeal?

My Home Health License was inadvertently not renewed for the first time in about 18 years. It expired on 09/30/2023. It is now being renewed every 2 years. It used to be every 3 years, and we used to get reminders to renew. Honestly, I do not know what happened this time. I was still expecting to... View More

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

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

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Civil Litigation for Texas on
Q: I have a judgment on Texas civil practice in remedies code section 31.002.(b)(3) which has seized my bank account

law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More

John Michael Frick
John Michael Frick
answered on Sep 27, 2023

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Need an aggressive attorney to appeal my case regarding encroachment. Several yrs back our neighbor built 20 inches into

our property. Dad complained to code enforcement, but nothing was done. Trying to hire an attorney but they seem to shy away. My deadline for appeal is Sept 17,2023.

John Michael Frick
John Michael Frick
answered on Sep 1, 2023

I do handle appeals to any of our state’s appellate courts. As I’m sure you have learned, the upfront retainer for an appeal is at least $25,000, but most of an appellate lawyer’s work is done in the first few months of an appeal.

One issue I can foresee likely played a role in the...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Juvenile Law for Texas on
Q: Can I have a warrant for a citation back in 2011 in Texas even though I was in prison back then?

Citation is disruption of class which was never broken to my attention till this week. Individual is still in prison and has been incarcerated since 2013/2014. Individual is getting out on parole. Would he be taken to county?

John Cucci Jr.
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answered on Aug 26, 2023

I am confused a bit by your question.

Anyway, If there is a warrant out for anyone, it stays a warrant until it is dismissed or it is executed (by arrest).

If it was made unlawfully, it can be quashed, but that may take a while, and quashing it would require you to go to court to...
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