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Texas Appeals / Appellate Law Questions & Answers
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.
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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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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.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Elder Law for Texas on
Q: Yes my fiance was sentenced on the 7th of this month to 18 months state. He has 94 days good time.

He is 66 years old and is disabled with multiple health issues. What can I do to get his sentence reduced and out of jail. There is no way he is going to make it in there

Penny Wymyczak-White
Penny Wymyczak-White
answered on Oct 10, 2022

If the is a state jail case he maybe able to get 20 percent off otherwise it is served day to day

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My Fiance was convicted to 60 yrs in prison. And wants to know the steps to getting this case re opened.

Wants to get this case reopened and get a thorough investigation.

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

To reopen a criminal case substantial, probative evidence must have been discovered after the trial. This is no DIY matter. Use your local bar association's find a lawyer for him, or use the search engine here.

Good Luck

d

1 Answer | Asked in Appeals / Appellate Law and Personal Injury for Texas on
Q: Appealing 2nd COA District CourtTX, personal injury, gross negligence, denied pro-bono, a free appeals form? FW, TX

drink can contained what I believe was a metal washer, object lodged way back in throat, swallowed it then it raped my throat causing severe sleep deprivation. Defendants have conceded the incident and damaged throat etc. Due to SSDeprivation missed a response. Many errors by court which is an... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Handling an appeal requires the services of a skilled attorney with experience in appellate law. It is not something most individuals are capable of handling pro se. There is not a "free form." You will be expected to fully comply with the Texas Rules of Appellate Procedure. You will... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
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answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Can a federal district judge grant a motion to dismiss minutes after the defendant submitted it?

Federal district court judge granted motion to dismiss to defendant within minutes. The plaintiff had no time to oppose the motion before the judge granted it. Despite, the plaintiff filed the opposition to dismiss motion in a timely manner. How can judge grant a motion to dismiss without giving... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

The Local Rules of the Southern District of Texas provide that an opposed motion will be submitted to the judge 21 days after filing and that any Response must be filed before the submission date. Unopposed motions may be taken up and ruled upon more promptly.

It would be rare for a judge...
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1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... View More

1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... View More

John Cucci Jr.
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answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... View More

John Cucci Jr.
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answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... View More

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 27, 2022

Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
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answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

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