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Texas Appeals / Appellate Law Questions & Answers
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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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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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
PREMIUM
James L. Arrasmith pro label 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...
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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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2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 23, 2022

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

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... View More

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

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...
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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 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: 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 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 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 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.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if you win a appeal what happens next?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 23, 2023

If you succeed on appeal, the appeal court will issue an order detailing the next steps: remand, remand with instructions, reversal, dismissal, etc. The trial court will have to follow that order,

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Can you win an appeal if your rights were violated?

Unlawful arrest, Unlawful search, Right to an attorney, and in handcuffs on front of a jury.

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

Yes, if you were found guilty by a jury following an unlawful arrest and unlawful search, and were denied your right to have an attorney, you may have valid grounds for a successful appeal.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: if I sign a contract to have a baby at the same time as my best friend do i have to do it

That’s all

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Signed a contract with who? Contracts with an illegal purpose are not enforceable. This is not appellate law, it could be criminal law or contract law, maybe even Family law relating to surrogate mothers. Insufficient information to provide you a complete answer.

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