What is the process for obtaining an appellate court review of a trial court’s decision?
In Texas, when a party is not happy with a trial court’s decision, they have the right to appeal that decision to an appellate court. To obtain a review, the appellant (the person appealing the decision) must file a notice of appeal and a brief in the court of appeals. The notice of appeal informs the appellate court that the appellant is appealing the trial court’s decision and provides the court with the information it needs to begin its review. The appellant must include in the notice of appeal the name of the trial court and the parties involved in the case, as well as the date of the decision they are appealing. The appellant must also file a brief, which is a legal document outlining their argument in support of the appeal. The brief must include the issues the appellant believes the appellate court should consider, the evidence they believe supports their argument, and relevant legal authority (cases, statutes, etc.). The appellee (the party defending the trial court’s decision) must then file their own brief. After both briefs have been filed, the appellate court will issue an order either granting or denying the appellant’s appeal. If granted, the court will review the findings of the trial court and issue a written opinion. This opinion will either uphold, reverse, or modify the decision of the trial court.
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