Texas Civil Appeals Law

In the event of an unfavorable outcome in a trial court, the losing party will want to consider filing an appeal. The most common potentially available appellate remedies include the following:

1. mandamus actions, where the applicant seeks an Order from a higher court to require the performance of an act by the lower court;
2. accelerated appeals and appeals from interlocutory (non-final) orders; and
3. appeals from final orders or judgments.

Although the appeal technically begins with the filing of a Notice of Appeal, many things happen prior to the giving of this notice. The notice of appeal, which is actually filed in the lower trial court, is directed to one of the “intermediate” appellate courts.

In Texas, for matters filed in state court, there are fourteen intermediate courts of appeal which have appellate jurisdiction in both civil and criminal matters. Each Court of Appeals has jurisdiction over a specific geographical region of the State. However, Texas has a bifurcated system in its highest appellate courts. In civil cases, the highest state appellate court is the Texas Supreme Court. In criminal cases, the highest appellate court is the Texas Court of Criminal Appeals.

For federal courts located in the state of Texas, the intermediate appellate court is the Fifth Circuit Court of Appeals, located in New Orleans, Louisiana. An appeal from that court is filed with the Supreme Court of the United States of America.

Although the filing of an appeal to the intermediate courts of appeal are available as a matter of right to any party involved in a lawsuit, the highest courts for the State of Texas or the United States are available only if accepted for hearing by that court. In each case, the applicant must file a petition explaining why the highest court should consider the matter.

Every lawyer at Lippincott Phelan Veidt, PLLC has been admitted to practice in all of the appellate courts for the State of Texas; some are also admitted before the Fifth Circuit and the Supreme Court of the United States.

If you have a specific appellate point related to a civil or commercial case needing review, please contact Cindy Veidt for an appointment.