appellate strategy

Subscribe to appellate strategy via RSS

“Reconsideration” is disfavored in Texas trial courts. The procedural rules don’t contemplate motions to reconsider, but lawyers still file them—usually when they’re convinced the trial judge got an important but unappealable interlocutory ruling wrong.

Motions to reconsider rarely succeed. Once a trial judge has made a decision, it’s difficult to change the judge’s mind. Trial…

For over a decade, the Texas Supreme Court has tightened the proof necessary to recover attorney fees in Texas. That, coupled with Legislative expansion of fee shifting, makes understanding the standard even more important. This is particularly true about appellate fees, which, unlike federal court, must be estimated and proven before the appeal. This week…