Many people assume that an appeal provides an opportunity to relitigate an entire case. It doesn’t.
In Texas, you can generally appeal only a final judgment, with a Notice of Appeal filed within 30 days (90 with a proper post-judgment motion).
Appeals focus specifically on whether legal errors occurred during lower court proceedings, not whether the appellate judges would have reached a different result.
Legal Errors Can Often Be Appealed
Texas appellate courts are responsible for reviewing alleged legal errors made by trial courts. Examples may include:
- Improper jury instructions that incorrectly stated the law and could have led to an improper verdict.
- Incorrect interpretation of statutes that affected the outcome of the case
- Abuse of discretion (e.g., denying a valid motion for a new trial, making an unreasonable ruling on a motion to sever cases)
- Mistaken evidentiary rulings, where the court improperly admitted or excluded evidence
- Jurisdictional errors, where the court lacked the authority to hear the case or issue a judgment
- Insufficient evidence, i.e., claim that the trial verdict was not supported by legally sufficient evidence.
If the trial court incorrectly applied the law and the error likely affected the outcome, an appellate court may reverse the decision and/or remand it to the lower court for further proceedings.
Types of Review in Appellate Proceedings
Appellate courts do not review every issue using the same standard. Instead, the level of deference given to the trial court depends on the type of ruling being challenged.
Common standards of review include:
- De Novo Review – Appellate courts review legal questions without deferring to the trial court’s conclusions. This standard commonly applies to pure questions of law.
- Abuse of Discretion Review – Courts give substantial deference to the trial judge’s decisions and will reverse only if the ruling was arbitrary or unreasonable.
- Legal Sufficiency Review – The appellate court examines whether legally sufficient evidence supports the jury’s findings or the trial court’s judgment.
- Factual Sufficiency Review – The court evaluates whether the evidence supporting a finding is so weak that the verdict should not stand.
- Clear Error Review – Appeals courts use this standard when reviewing certain factual findings made by a judge rather than a jury
Identifying the proper standard is often one of the most important steps in developing an effective appellate strategy.
Factual Disagreements and Unpreserved Issues Are Usually Not Appealable
Not every mistake can be raised on appeal. Generally, a party must first preserve the issue in the trial court by making a timely objection or otherwise bringing the issue to the judge’s attention. Failure to preserve error may prevent the opportunity to seek appellate review.
Additionally, Texas appellate courts generally give substantial deference to juries and trial judges regarding factual findings during trial and other matters. As a result, parties usually cannot appeal a court ruling simply because they disagree with how a judge or jury evaluated the credibility of a witness or the weight they gave to certain factual evidence.
Appellate courts are only focused on whether sufficient evidence supports the findings and whether legal standards were properly applied.
Harmless Errors Usually Do Not Result in Reversal
Even when a trial court makes a mistake, reversal is not guaranteed. If the appellate court concludes that an error likely did not affect the outcome of the case, it may deem it a “harmless error” and decline to reverse the ruling. This principle prevents minor procedural issues from requiring new trials.
Successful Appeals Generally Require Assistance from Experienced Attorneys
Appellate litigation involves unique procedural rules, deadlines, and standards of review. In other words, they require experienced legal assistance, often from attorneys who specialize in appellate work. Your appeals attorney can conduct a thorough review of the trial record to determine whether an adverse ruling in your claim can be appealed successfully.
Contact us today to schedule a confidential consultation to speak with an experienced appeals attorney at Porter Law Firm to learn more about your legal options.