Houston Appeals Lawyer
Appellate law is a particularly challenging legal field, and one that few attorneys choose to specialize in due to the sheer difficulty of overturning rulings in the Texas court system and elsewhere in the country. An enormous amount of additional research, writing, and filing is required for a successful appeal, and many attorneys are simply not willing to take on these extra tasks in order to protect a client’s rights and interests against an unfair ruling in a lower family court.
At Holmes, Diggs & Sadler, our legal team understands the frustration that can come with a ruling that fails to fully reflect the reality of your case, and we can utilize our full legal resources to help you reach a desirable outcome in your family law case. To learn more about your rights and legal options after an unfavorable ruling, contact our Houston appellate divorce lawyers today at (713) 802-1777.
Overturning a Ruling
The primary difficulty facing appellate lawyers is the fact that during an appeal, the burden is on the appealing party to demonstrate that an abuse of discretion took place in the initial ruling, effectively invalidating it. There are two primary reasons why a ruling may be an abuse of discretion:
- The ruling does not take into account full consideration of the relevant facts and laws
- The ruling departs from judicial custom and established precedent in an unreasonable manner
While it is uncommon for a case to be overturned on appeal, it is possible to show that inappropriate evidence was admitted to the case, or that valid evidence excluded, in order to have the ruling overturned on an evidentiary basis. Similarly, unusual interpretations of law that conflict with precedent are sometimes grounds for successful appeals.
If you have been handed an unsatisfactory ruling in a family law case which you believe to be unfair, it is important that you seek out the assistance of a skilled attorney in order to evaluate your case. At Holmes, Diggs & Sadler, our experienced Houston divorce appeals lawyers can estimate the chances your case has for a successful appeal and can work to protect your rights and interests through the appeals process. Contact our offices today at (713) 802-1777 to learn more about your legal options.