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Texas Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Personal Injury for Texas on
Q: Does Texas Tort Act violate due process in body parts' sale case?

In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Texas on
Q: What items are needed for a federal appeal in a civil case under 28 USC 1443?

I am representing myself (pro se) in a civil case where I believe the wrong law was applied concerning the removal deadline from state to federal court. Specifically, 28 USC 1446 was used for a 30-day deadline, but it should have been 28 USC 1443. I filed a Notice of Appeal 8 days ago. What items... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.

Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor...
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2 Answers | Asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas on
Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Is it a hopeful sign that my civil case is under review by the Texas Supreme Court for over 30 days?

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
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...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Legal Malpractice for Texas on
Q: How can I appeal a dismissal for lack of standing due to representation issues and lack of evidence in Galveston County, TX?

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
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

1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Can I appeal my child's alternative school placement for declining a bag search?

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
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

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for Texas on
Q: How to appeal for unjust enrichment after losing a case?

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
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

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Civil Rights and Family Law for Texas on
Q: Should I pursue bill of review or set aside default judgment due to ex-spouse's misconduct in divorce?

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
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

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking appeal guidance for unjust 33-year sentence for possession in Texas.

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.
John Cucci Jr.
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...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Texas on
Q: Can you file a civil case Against the sheriff that has violated your civil rights.

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
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...
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1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant, Foreclosure and Real Estate Law for Texas on
Q: To what is the best way to get a continuance for a eviction appeal in the state of Texas?

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
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

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: What does it mean within 5 days to post bond. If the bond for an appeal was posted on the December 26
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Q: How can I get a senting to jail over looked and dismissed ,

the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More

John Cucci Jr.
John Cucci Jr.
answered on Dec 3, 2024

It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.

If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your...
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1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Do you accept murder appeal cases?

My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?

Natalie Barletta
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answered on Sep 20, 2024

If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More

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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level... View More

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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More

John Michael Frick
John Michael Frick
answered on Sep 3, 2024

Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.

In certain circumstances, a party can file a restricted...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I NEED NELP WITH APPEAL TO THE TEXAS SUPREME COURT. PLEASE HELP ME.

I FAILED WITH MY PERTITION AND NEED A RESPONSE.

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.

I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue...
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2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Texas on
Q: Do you assist with families who were included in a trust and will but didn't receive what I'm untitled to?

I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: do court appointed attorneys have to communicate with thier clients

my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More

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

Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More

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