DAILY TOOL: Do You Have a Right to Appeal?

by | Mar 7, 2015

Last modified March 7, 2015

TOOL OF THE DAY: Right to appeal CATEGORY: Family Law Appellate courts are not required by the constitution. The formation of these courts was left up to congress and state legislatures in Section I of the United States Constitution. There are rules the appellate courts follow when evaluating whether or not you have a right to […]

TOOL OF THE DAY: Right to appeal

CATEGORY: Family Law

Appellate courts are not required by the constitution.

The formation of these courts was left up to congress and state legislatures in Section I of the United States Constitution.

There are rules the appellate courts follow when evaluating whether or not you have a right to appeal:

1. Is it a final order that you are appealing?

2. Are you appealing within the proper time frame?

3. Does the appellate court have jurisdiction?

4. Did you give the trial court opportunity to rule on the issue?

5. Do you have standing to bring the appeal?

After you can check these off, make sure you also look at any additional requirements in your local and state rules. Some states require that you ask for a new trial before you file for appeal.

Contempt is not considered a final order in the state of Texas, so if you are found in contempt and you want to challenge this order you will have to file a mandamus or a habeas. Habeas is used if you are jailed.

If you are the party who tried to get the court to find the other party in contempt and didn’t succeed, you cannot appeal the decision.

 

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Written by Sherry Palmer

As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the child’s best interests. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. Sherry does this through creating and teaching online digital courses, speaking, webinars, and workshops. Sherry’s teachings are unique and cutting edge to the family law industry developed by her and her husband. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings.