[TX] [TX] How do I appeal a judge’s decision?
Hi, a defendant was removed without prejudice from a case. A different judge later signed an order to remove the same defendant with prejudice. The defendant had never been added back to the case. I want to appeal to a higher court and need to know how to style the case, who would be the appellee(s)? Do I include the other defendants who had nothing to do with the motions to dismiss?
14
4
Solved
In Texas (First and Fourteenth Courts of Appeals cover Harris County), styling and party designation are governed by the Texas Rules of Appellate Procedure (TRAP).
- The appellate style typically mirrors the trial-court caption (same plaintiffs/defendants).
- Appellees are only the parties whose interests are adverse to you on appeal. If you’re challenging the dismissal with prejudice of Defendant X, then Defendant X is the appellee.
- Other defendants generally remain in the caption because that’s how the case was styled below, but they aren’t treated as true appellees unless your issues affect them.
- If the with-prejudice order is interlocutory, it may not be appealable until a final judgment disposes of all parties/claims. If it’s part of the final judgment, your notice of appeal should identify that judgment. Best practice: mirror the trial-court style in the notice of appeal; in your brief, make clear the appeal concerns only the dismissal of Defendant X.
0
Full Conversation
Hi, a defendant was removed without prejudice from a case. A different judge later signed an order to remove the same defendant with prejudice. The defendant had never been added back to the case. I want to appeal to a higher court and need to know how to style the case, who would be the appellee(s)? Do I include the other defendants who had nothing to do with the motions to dismiss?
Lexi, Chatbot
I understand that navigating the complexities of legal procedures can be challenging. Can you please confirm which court you are planning to file your appeal in?
Court of Appeals in Harris County, Texas.
Lexi, Chatbot
Have you already filed any motions or documents related to this case, or is this your first step in the appeal process?
First step.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your appeal.
No.
Angelo M
Greetings! I’m happy to help. That’s a nuanced question, and it’s smart to get clarity before drafting your notice of appeal.
Yes.
Angelo M
In Texas (First and Fourteenth Courts of Appeals cover Harris County), styling and party designation are governed by the Texas Rules of Appellate Procedure (TRAP).
- The appellate style typically mirrors the trial-court caption (same plaintiffs/defendants).
- Appellees are only the parties whose interests are adverse to you on appeal. If you’re challenging the dismissal with prejudice of Defendant X, then Defendant X is the appellee.
- Other defendants generally remain in the caption because that’s how the case was styled below, but they aren’t treated as true appellees unless your issues affect them.
- If the with-prejudice order is interlocutory, it may not be appealable until a final judgment disposes of all parties/claims. If it’s part of the final judgment, your notice of appeal should identify that judgment. Best practice: mirror the trial-court style in the notice of appeal; in your brief, make clear the appeal concerns only the dismissal of Defendant X.
It’s a strange situation; it’s a medical malpractice case with several defendants. One filed a motion to dismiss with prejudice under § 74.351. The judge signed my motion to dismiss without prejudice and the defendant was added to a related arbitration case. Instead of appealing that order, the defendant asked for a second hearing to dismiss with prejudice, and a different (sitting-in) judge signed it. Thank you, that was very helpful. So should I serve the non-appellee defendants with the appeal?
Angelo M
I see what you’re describing. The “second bite at the apple” via a visiting judge is unusual, and appellate review makes sense. On service:
- When you file your notice of appeal, the trial-court clerk sends notice up, and the court of appeals will docket and typically send notices to all parties of record from the trial-court service list.
- You should list the caption exactly as in the trial court, and identify only the dismissed-with-prejudice defendant as the appellee.
- As a best practice, serve your notice of appeal on all counsel of record for all parties. It doesn’t make the others appellees, but it avoids procedural objections and keeps everyone informed.
Summary: Keep the original caption, name only the with-prejudice defendant as appellee, and serve everyone.
Thanks.
Angelo M
Angelo M
14,444 satisfied customers
Criminal law, employment law, family law, landlord-tenant, and real estate law.
5 lawyers online now
9
3
Answered 1 week ago
10
3
Answered 3 weeks ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
