What is an appeal?

Jun 2019

If you take a case to court in Texas and the court rules in the other party’s favor, then you may be able to appeal the decision. This is a nice option if you feel you should have won your case, but for some reason, the court decided against you. It is something you should discuss with your attorney before your case goes to court so you can prepare for it if you need to use this option. According to the United States Courts, an appeal is when a higher court reviews the decision of a lower court. In a civil case, either side may bring an appeal. That just means you or the other party may appeal the case. In a criminal case, this is different as only the defendant may appeal. There are different levels of appeals. Any appeal, though, is rooted in the legal arguments of the first case. You present your appeal in a legal brief to the appeals court. The appeals court has a panel of judges that will look over the facts of your case. You have to prove why the first court was incorrect in its ruling or show there was an error made that affected the outcome of the case. The appeals court may uphold the lower court’s ruling, which means it agrees with the original verdict. It may also disagree with the original verdict and send the case back to the lower court where you will go through a trial again. This information is for education and is not legal advice.

GRAIG J. ALVAREZ
ANGELA GRAVES
KARA K. STAUFFER
DWAIN CAPODICE
LANCE R. BREMER
FRANK NEWTON
SEAN O'NEAL BRAUN
YEVHENIIA NYZHNIA
LAILA ELHAM
NYLA NAHAS

APPEALS

ARBITRATION

BREACH OF CONTRACT

COMMERCIAL LITIGATION

CONSULTATION & PARTNERING

E-DISCOVERY

ENERGY LITIGATION

INSURANCE LITIGATION

PERSONAL INJURY

PRE-LITIGATION DISPUTES