Fort Worth Appellate Attorney

Losing a case isn’t always final

YOU MAY BE ENTITLED TO APPEAL TO A HIGHER COURT.

It can be frustrating when you are certain an error or significant misunderstanding contributed to the verdict of your case. Rather than give up, hiring an appellate attorney to appeal your case can be the answer to your injustice.

What is an appeal?

An appeal is the process of having someone from a higher court review a decision made by a judge in a lower court.  The higher court judge reviews the court record, including transcripts, evidence, and documents from the lower court trial in order to decide if that judge made any mistakes of law. 

How does an appeal work?

Appeals do not admit new evidence; they are decided entirely on examination of the judicial process of the trial. Appellate courts look for instances where facts were overlooked, rights were ignored, and statutes and precedents were wrongly interpreted. 

Good appellate lawyers are more like scholars than trial lawyers; they carefully comb through court records with fresh eyes to identify errors that may lead to a verdict reversal.

Usually, appeals have a statute of limitations, meaning you only have a short time to file an appeal after the judge issues the order or verdict. This time limit can vary based on the type of case you’re appealing and what state you live in. In Texas, the statute of limitations is between 15-30 days, depending on your case and what type of appeal you are filing. If you are considering entering this process, talk to a lawyer as soon as possible to make sure you don’t lose the opportunity to appeal.

A common misconception is that cases can always be appealed. In fact, the “losing” party does not often have an automatic right to appeal their case. There has to be a legal basis for the appeal, not simply because one party wasn’t happy with the verdict. 

Who reviews the appeal?

Appeals are normally reviewed and decided by a randomly assigned three-judge panel. Texas’ court of appeals rules determine when the names of the judges are made public. 

The appealing party, or the “appellant”, presents the legal argument for the appeal to the panel in a written brief. This argument lays out the reasons why the initial ruling was in error and why the decision should be reversed. 

The “appellee” or the party who “won” in the trial court, also presents a written brief explaining why the initial court ruling was not made in error. 

A vast majority of appeals are decided on the written briefs alone; that’s why it’s imperative that you have an experienced, strategic appellate lawyer on your side as you seek to gain an appeal for your case. 

What issues may qualify a civil case to be appealed?

There are three common grounds for appeal when it comes to civil cases:

  • Serious error of law made by the lower court (plain error)
  • Weight of the evidence does not support the verdict
  • Abuse of discretion by the lower court when making a ruling

If one of these grounds for appeal applies to your initial trial, you may have a strong case for appeal. 

Contact a Fort Worth Appellate Attorney

When you believe judgments are flawed, Lovelace Law, P.C. is here to help. Our attorneys are well-versed in the appeal process and practice many different forms of post-conviction remedies, such as:

  • State appeals
  • Federal appeals
  • Post-trial motions
  • Dispositive motions
  • Mandamus proceedings

Our lawyers know that success in appeals is founded on exhaustive research, clarity in writing, and analysis that is thoroughgoing and logically set forth. During your free initial consultation, we can advise you about your chances of succeeding at the appellate level. If your case is strong, we will do everything in our power to bring the results you need.

Lovelace Law, P.C. maintains an appeals group that steps in when judgments are flawed, and involves itself in other post-conviction remedies.

  • State appeals
  • Federal appeals
  • Post-trial motions
  • Dispositive motions
  • Mandamus proceedings
  • Errors in jury charges
Contact a Fort Worth Appellate Attorney

Our lawyers know that success in appeals is founded on exhaustive research, clarity in writing, and analysis that is thoroughgoing and logically set forth. We can advise you in our initial consultation what your chances are at the appellate level. If your case is strong, we will do everything in our power to bring the results you need.

Most of our appeals cases are referred to us by other law offices. For more information about appeals and other post-conviction remedies, talk to the appellate attorneys at Lovelace Law, P.C. Call us at 817-953-9656.

Most of our appeals cases are referred to us by other law offices.

For more information about appeals and other post-conviction remedies, talk to the appellate attorneys at Lovelace Law, P.C. Call us today at 817-953-9656.

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