Some who go through divorce litigation may feel that some errors or mistakes led to an unsatisfactory ruling by the judge. Generally, it is a long and complicated process to appeal a verdict because it is difficult to prove that a judge made an error, and even winning the appeal may not change the outcome of the trial. However, it is the right of the appellant to appeal in appellate court. If he or she chooses to do so, they must appeal within 30 days of the initial final order being signed.
The appellate court is not interested in the facts of the case. Instead, it reviews the case and/or hears arguments to determine that the trial court made an error (a mistake), or a harmful error (a mistake that impacted the outcome of the case). It can either change the trial court’s decision or send the case back to the trial court for retrial. Reasons for doing this include instances where the court abused its discretion by acting arbitrarily or unreasonably, or not exhibiting appropriate principles or applying rules of Court.
How is an appeal drafted?
Appeals can be complicated and time-consuming, so it is essential that they are appropriately drafted. Those who wish to appeal must prepare a persuasive brief that includes the following:
- Why was the appeal filed, what errors were committed by the Court during the trial or in its ruling
- A court transcript, record of the trial, and relevant pleadings
- Additional evidence pleadings, as well as other documents
Protecting the interests of our clients
An experienced Board-certified Family Law expert attorney in Collin County, Dallas County, Denton County or elsewhere throughout Texas can be a tremendous asset in appealing a trial court’s decision. We here at Gunnstaks Law Office can not only appeal a case, but we have even had landmark decisions upheld by the Texas Supreme Court.