Civil Appellate Law

 Civil appellate law is a branch of law that deals with the legal process of appealing a court decision in a civil case. The purpose of civil appellate law is to provide a mechanism for parties who are dissatisfied with a lower court's decision to seek review of that decision by a higher court.

In civil appellate law, the focus is on legal errors that may have occurred in the lower court's decision-making process—whether by the judge or the jury. These errors may include misinterpretation of the law, procedural errors, errors in the admission or exclusion of evidence, or runaway juries that ignored the evidence or absence thereof.

The appellate process typically begins with the filing of a notice of appeal, which initiates the review of the lower court's decision. The appellate court reviews the record of the lower court's proceedings and considers arguments from both sides, with the goal of determining whether a mistake was made in the trial court.

If the appellate court determines that legal errors did occur, it may reverse or modify the lower court's decision, or it may remand the case back to the lower court for further proceedings. If the appellate court upholds the lower court's decision, the case is typically concluded at that point absent a request for discretionary review by a state supreme court or the United States Supreme Court.

Civil appellate law can be complex and requires specialized knowledge and experience. Appellate attorneys must have a deep understanding of the legal issues involved and the appellate process, as well as strong research, writing, and oral advocacy skills.

Attorney Shawn A. Johnson is an experienced appellate lawyer who draws on his experience working for two federal district court judges and two Texas Supreme Court Justices to obtain successful results for his appellate clients. Whether you are considering an appeal after losing your trial or received notice of an appeal of your judgment, contact Mr. Johnson to assess your risks and develop an appellate strategy.