I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More

John Michael Frick
answered on Mar 10, 2025

A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More

I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a... View More

John Michael Frick
answered on Mar 10, 2025

No.

Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).

After being forwarded to the justices, a petition will not be dismissed until... View More

I am a stay-at-home mom in Northeast Texas with no personal income, dependent on my spouse's approximately $160,000 income. We've been married for 15 years, and he's been the sole source of income. During court proceedings, I was unrepresented because I couldn't secure an... View More

I am a 15-year stay-at-home spouse who was not initially awarded spousal support and only received 8% of the potential child support. We have since filed an appeal against this decision. Could you provide guidance on what statutes govern spousal and child support and any potential outcomes or steps... View More

Raymond Chow
answered on Mar 8, 2025

See Texas Family Code Ch. 154 for child support provisions: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm

See Texas Family Code Ch. 8 for Spousal Support: https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm

I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.

John Michael Frick
answered on Mar 6, 2025

To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More

My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More

John Michael Frick
answered on Mar 6, 2025

Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More

I am self-employed and was receiving unemployment benefits, including pandemic benefits, which were later cut off. I missed a phone call and initially failed to turn in my proof of employment, but I have since submitted it and have the proof. I filed an appeal and attended a hearing in 2024, but my... View More

I found emails between my ex-husband and his attorney where they conspired to keep me unaware of court dates, acting surprised when I attended. On the final court date, which I found through an online search, I agreed in desperation to a $60,000 settlement due to financial constraints. My... View More

John Michael Frick
answered on Feb 26, 2025

You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More

I have been involved in a civil forfeiture case for two years regarding a truck that was seized by the state. The judge ruled in favor of the state, stating I didn't perfect my interest in the truck. Although the truck was in my late father's name when the incident occurred, it rightfully... View More

I am in Texas and need to know how to start the appeal process for a criminal case. I was sentenced to 33 years on February 20, 2025. This is my first step in starting the appeal process. Can you guide me on how to proceed?

My family member has been sentenced to 33 years for simple possession of more than four but less than 400 grams of a Schedule 2 narcotic. We believe the sentence is unjust. Her previous lawyer advised her to take an open plea, which led to this sentence, and has since withdrawn after being paid... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2025

In Texas:

First, you MUST file a Notice of Appeal, and file it with the Clerk of the Court from which the sentence was imposed.

Second, you must serve the Notice of Appeal on the District Attorney's Office from the County where you were convicted.

Third, If you go past... View More

I need help understanding how to write a habeas corpus petition for someone who has been wrongfully convicted. What steps should I take, and what information is essential to include in the petition?

I was placed in a district alternative education program after making a joke about Hitler, which the school perceived as a threat, and because I refused to allow a search. Previously, I've been placed in DAEP, but for different reasons. I had a discussion with the assistant principal but was... View More

After winning a small claim case in the Justice of the Peace (JP) court, the defendant appealed to the County Court at Law (CCL). We received a letter from the CCL on February 4, 2025, indicating that a hearing will not be automatically set and that either party must request a hearing in writing.... View More

I am facing a situation where a judge has refused to close my case, which I believe deprives me of my right to appeal. Additionally, I feel I have been deprived of a fair trial as the judge dismissed all of my claims. What elements should be considered in a civil rights lawsuit regarding the... View More

I need advice regarding my daughter's Minor in Possession (MIP) citation received in April 2020 in Texas. We appealed the citation to the next higher court, but we haven't heard anything since then, and it's been almost five years. Our attorney hasn't received any updates from... View More

If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More

John Michael Frick
answered on Feb 8, 2025

Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.

As the... View More

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My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own

John Michael Frick
answered on Jan 27, 2025

Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More

Last year in September both my husband and I were arrested for possession of 1-4 grams of meth and a shotgun. My husband was charged with 3 charges and I had possession for 3 grams. I wrote an affidavit stating everything found was mine. They were in my bags and luggage. My husband wasn’t aware... View More

Edgardo Rafael Baez
answered on Jan 4, 2025

The problem that your husband is having is that, plea agreements are un-appealable. In fact, when the judge sentence a person, the judge usually says "since I filled the plea, you don't have the right to appeal my decision." Without seeing the evidence on the case, it would be... View More