If you need guidance in navigating the complex world of family law in Houston, Texas, you need an experienced appellate attorney who is familiar with the process.
An appellate attorney is an attorney who not only handles appeals after the trial court has entered its final judgment or order, but can also make sure that error is preserved in trial so that the chances of winning on appeal later are increased. In family law cases, this may include divorce, child custody, child support, property division, and other issues related to family matters. Appellate practice is very different from trial practice in many respects. The focus in appellate practice is whether error was properly preserved, burdens of proof met, and discretion abused by the court.
Appellate attorneys specialize in reviewing trial court decisions and determining whether there are any legal errors that could have affected the outcome of a case. In important matters, they can also be hired as co-counsel before trial to make sure the record is being preserved, should an appeal be necessary. These lawyers work to identify any legal errors or mistakes made prior to the judgment or verdict and bring them to light in front of an appellate judge.
Once a trial court has issued its final judgment or order, either party may appeal the decision to a higher court. The appellate court reviews the record of evidence presented at trial and considers whether any legal errors raised in the appeal were made during the proceedings that might have affected the outcome, and whether the appealing party properly preserved those errors for the appellate court to review.
Grounds for appeal in family court can vary, but typically it involves errors that occurred during the litigation of the case through trial that caused, or could have led to, an incorrect outcome. These errors could include incorrect rulings on evidence presented, misapplication of the law or legal principles, and misconduct by the finder of fact. It's important to note that simply disagreeing with a court's ruling is not sufficient grounds for an appeal.
Deciding whether to appeal a court's decision can be tough. It is important to consider the potential benefits and risks of filing an appeal, as well as your likelihood of success. If you believe that there was a legal error or mistake made during the lower court proceedings, then it may be worth appealing if the cost is outweighed by the possibility of fixing the error.
A family law appellate attorney can help guide you through the appeals process and ensure that all necessary steps are taken timely. An experienced appellate attorney can analyze your case thoroughly, identify any legal errors made in pretrial rulings, during trial, or in the final judgment of your case, and outline the strengths and weaknesses of your appeal. They can also advise you on how long it may take to resolve your case on appeal and what outcome is realistically achievable.
If you need help appealing a family court decision or addressing any other legal issues related to divorce or child custody matters in the Houston, Texas area, contact Longino Law. The firm was founded by Tristan H. Longino, a Harris County Family District Court judge who is Board Certified in Family Law by the Texas Board of Legal Specialization. We are dedicated advocates for our clients. Contact the firm today to schedule a consultation and get the legal assistance you need.
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