Tx Civil Procedure: Appeals

Front 1

Final judgment that disposes of all parties and issues is appealable.

Interlocutory orders are usually not appealable until a final judgment.

Back 1

Appealable interlocutory orders:

- certification/refusal to certify a class in a class action
- grant/denial of an injunction
- grant/denial of D's special appearance;
- appointment of receiver or trustee

Front 2

Appeals to Court of Appeals

Appeal is perfected when written Notice of appeal is filed w/trial court clerk.

Back 2

When no motion for new trial has been filed, notice of appeal must be filed w/in 30 days from the date the judgment is signed.

When a motion for new trial has been timely filed, the notice of appeal must be filed w/in 90 days from the date the judgment is signed.

Front 3

Perfecting an appeal does not suspend enforcement of judgment pending appeal.

Back 3

To prevent execution on the judgment, an appellant generally must file a bond with the trial court.

When a judgment is for money, amount of security must equal the sum of compensatory damages, interest for estimated duration of appeal, costs awarded in judgment.

Front 4

Court of Appeals must affirm TC if no error or the error is not significant enough to meet standard for reversible error.

Reversible error "probably did cause the rendition of an improper judgment" or "probably prevented the appellant from properly presenting the case to the court of appeals,"

Back 4

If reversed, case typically remanded to the trial court for a new trial;

In a proper case, ct of appeals may reverse the trial court judgment and render the judgment rather than remanding it to trial court for further consideration or new trial.