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Texas Appeals / Appellate Law Questions & Answers
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 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 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 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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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I turned in my appellate brief to First Court Of Appeals Harris county, Tx. Will court accept anymore documents.

Not new evidence but documented merits that support my vital truth and testimony towards the respondent?

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

The court of appeals will only consider what is in the clerk’s record and reporter’s record as evidence and what is in the appellate briefs as argument. It would be rare for anything else to be useful or proper to submit to an appellate court.

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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I need help on writing my appeallette breif

I'm the appeallette and and have written brief or argument. With my evidence and cited each law that applies from trial by era

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

Depending on the nature of the subject matter, one option is to look into pro bono or legal aid. But in general, it could be difficult to find economical help because appeals tend to be costly and complex investments of a law firm's time. Check with local and state bar associations if they... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: In an appeal whàt does set for submission on briefs mean?

Agg. Assault with deadly weapon charge during trial my rights were violated

Susan J. Clouthier
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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

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Is a appeal a retrial or mistrial?
John Michael Frick
John Michael Frick
answered on Jun 23, 2023

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...
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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: When you file an appeal will it be in the same county? Same judge?
John Michael Frick
John Michael Frick
answered on Jun 23, 2023

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

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Texas on
Q: I an looking for a civil attorney to represent me on the court of the fifth court of appeal. I was sued by an individual

Autopedia Inc sold a used vehicle to a customer who signed a form acknowledging that the odometer reading was not accurate. The buyer later filed a lawsuit in the 192nd District Court, and despite our filing a motion to compel arbitration, the court issued a default judgment without allowing us to... View More

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

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

3 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I file an appeal in higher court after I lost in county court
Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

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

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3 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I file an appeal in higher court after I lost in county court
John Michael Frick
John Michael Frick
answered on Jun 7, 2023

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...
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1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Texas on
Q: Can a probation officer add probation violations after a summons even though I was in jail waiting to go to rehab?

I had a summons on February 3,2023 and went into custody that day and I spent 49 or close to 54 days in jail till I was transferred.

And I looked online the other day and now there are like 13 violations that isn’t true and forged my name on a court document as well as presented a false... View More

John Cucci Jr.
John Cucci Jr. pro label 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...
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2 Answers | Asked in Immigration Law, Appeals / Appellate Law and Domestic Violence for Texas on
Q: Me dieron orden de deportación desde el día3 de marzo por no acudir a una audiencia el día 1 de marzo puedo apelar por

Estar enferma

De COVID

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas on
Q: What motion do I file next? Can I stop the appeal to avoid trial?

I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

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...
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1 Answer | Asked in Contracts and Appeals / Appellate Law for Texas on
Q: Do I need to serve a citation for a Writ of Mandamus if the respondent and real parties of interest are able to efile?

The real parties of interest and the judge/ respondent are available to efile. So I don't know if I still need to serve them a citation.

John Michael Frick
John Michael Frick
answered on Jan 19, 2023

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.

1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

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

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How many days after a case has been dismissed does the appeal petition have to be submitted?
John Michael Frick
John Michael Frick
answered on Dec 19, 2022

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.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

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...
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