Austin Business Law Attorney

Business Litigation Center - Appeals

Either party may appeal a trial court's judgment, and sometimes an appeal can be made immediately after a trial court's decision on a pretrial motion. Some appeals only challenge certain aspects of a judgment, while others allege that the entire judgment was wrong. Depending on the type of error, an appellate court can reverse a judgment, reverse certain parts of the judgment, review a case de novo (review the facts and conclusions of law without deferring to the trial court), or remand a cause to be reconsidered by the trial court. In business litigation, it is important to be represented by a trial attorney with a masterful understanding of the appellate process.

When Available

The responsibility of the trial court is to hear the case, make factual findings, and apply the law to the facts of the case. Most appeals only challenge the trial court's interpretation of the law, its application of the law to the facts of the case, or the procedure followed in the trial court. A normal appeal does not challenge the trial court's determinations of facts relating to the case, although the de novo appeal is a mechanism for reviewing fact findings in exceptional cases.

Procedure

The fifty states and the federal judicial system each has its own procedural rules for appealing a trial court judgment. A few states allow appeals of rulings on certain motions even before the trial court issues a final judgment in a case. These are called interlocutory appeals. Most states, however, only allow appeals after the trial court has heard the entire case and issued its final judgment making decisions on all of the issues of fact and law. Additionally, most states do not allow a party to appeal the final judgment a case more than once, making it imperative that parties get their appeals right the first time.

Appellate Court System

The structure of the appellate court systems also varies with each state. Basically, more populous states tend to have more courts and more levels of courts than less populous states. The simplest structure consists of only two levels: the trial courts and one state supreme court (known by various names). Most states have a third level of appellate courts between these two levels, known generally as intermediate appellate courts. Larger states may have one to three more levels, typically dividing the trial courts or the appellate courts by the types of cases they hear, such as tax or probate cases.

Federal Courts

The structure of the federal judiciary is similar to that of many state judicial systems. Most federal suits are brought in the trial courts, called district courts, where trials are held and findings of fact and law are made. Appeals are made to the court of appeals for the federal circuit, or region, in which the trial court is located. In most cases, the appellate courts will only review the findings of law embodied in final judgments by the trial courts. The high court of the federal judiciary is the United States Supreme Court. The Supreme Court cannot and does not review all appeals that are made to it. Rather, the Supreme Court chooses from among the cases appealed to it which it will review.

Administrative Agencies

Many of the conflicts that are common in business relationships are resolved by administrative agencies, such as the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). Depending on the laws governing a particular subject matter, sometimes parties have a choice whether to bring claims before an administrative agency or before a traditional court. The administrative agencies that hear complaints have procedures to hear appeals from initial decisions, and most final administrative decisions can be appealed to a state or federal court.

Summary

Business owners who are considering or involved in litigation should have a basic understanding of the appellate process. Of course, how the appellate process works depends on the jurisdiction and type of case concerned. An Austin business law attorney can help assess and explain the options for appealing a particular case.

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Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.