Family law appeals may be filed in Texas for a number of reasons. This includes inappropriate decisions on the part of the judges, mistakes by attorneys, or crucial lack of information from the other side. There should be valid and clear points on why the decision should be overturned, or a reversible error on the side of the trial court. A reversible error occurs when the trial court did not follow the law, abused its discretion or misapplied the law in a way that its actions caused you harm. The case is reviewed by an appellate court exactly as it was presented to the trial court to determine if the trial court made a legal error. Errors may include: incorrect use of the law by the trial court judge, an error in the findings of facts, or the judge’s abuse of his or her discretion.
You must preserve error in order to file an appeal against the trial court. To do this, you must have raised a complaint in a trial court and have the court rule in your objection in order to object to that complaint later on. Similarly, if you think a judge has made a mistake, you must object to that mistake during the trial in order to appeal based on that mistake. You may also preserve error by filing a motion for a new trial, filing a motion to modify or correct judgment, or filing requests for findings of fact or conclusions of law. You must file a written notice of appeal with the trial court in the specified time frame. Information identified on the notice must include the trial court, the date of the judgment/order, the name of the parties and the name of the appeals court. You must also get a record of the case. This includes the court’s record and any transcript from the case.
There are a number of different appeals that can be made for family law cases. In a motion to reconsider, a party asks the trial court to review its ruling. It allows the party to file an additional brief that a clearly details the party’s legal argument. In a motion for a new trial, a party may file a motion for a new trial asking the court to correct a mistake it made and to preserve error for the appeal. In a motion for judgment notwithstanding the verdict, the trial court may overturn the jury verdict if there is no evidence supporting the jury finding on an important issue, the evidence is in the motioning party’s favor or the evidence does not raise an issue of material fact. Other types of appeals include a general appeal, accelerated appeal, interlocutory appeal, and motion for entry of judgment.
If you are looking for an experienced family law attorney in Dallas, for filing a family law appeal, our experienced team is here to help you. With a combined experience of more than 20 years, our family law attorneys have helped clients across Dallas, Collin, Tarrant, Denton, and Rockwall, counties for all kinds of family law disputes. Our legal team is available for a FREE CONSULTATION to discuss your appeal matter. We have helped thousands of clients over the years for their family law matters and we are here to make sure that you get a passionate and dedicated legal service for your family law dispute.
You or a loved one can schedule a FREE CONSULTATION by calling 972.789.1664, emailing firstname.lastname@example.org, or filling out the form on top of this page. We offer convenient installment plans and accept all major credit cards.
Home » Family Law Appeals