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Texas Optional Appellee Statement of Election To Proceed In District Court

Category:
Bankruptcy - Official - Southern District
State:
Texas
Control #:
TX-B-417B
Format:
PDF
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Description

Optional Appellee Statement of Election To Proceed In District Court

Texas Optional Appealed Statement of Election To Proceed In District Court is a form used by an appealed (defendant) in an appeal from a lower court to the Texas Supreme Court. The appealed must file this form with the Supreme Court to inform the court whether they wish to have the appeal heard in the Supreme Court or in the Court of Appeals. This form is commonly referred to as an election to proceed in district court. The two types of Texas Optional Appealed Statement of Election To Proceed In District Court are: 1. Election to Proceed in Supreme Court 2. Election to Proceed in Court of Appeals.

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FAQ

The notice of appeal must: (1) identify the trial court and state the case's trial court number and style; (2) state the date of the judgment or order appealed from; (3) state that the party desires to appeal; (4) state the court to which the appeal is taken unless the appeal is to either the First or Fourteenth Court

An appeal is perfected when a written notice of appeal is filed with the trial court clerk.

A motion to extend the time to file a brief may be filed before or after the date a brief is due. The court may also, in the interests of justice, shorten the time for filing briefs and for submission of the case.

45. If the court of appeals determines that an appeal is frivolous, it may - on motion of any party or on its own initiative, after notice and a reasonable opportunity for response - award each prevailing party just damages.

Rule 52.10 - Temporary Relief (a)Motion for Temporary Relief; Certificate of Compliance. The relator may file a motion to stay any underlying proceedings or for any other temporary relief pending the court's action on the petition.

Rule 34.6 - Reporter's Record (a)Contents. (1) Stenographic Recording. If the proceedings were stenographically recorded, the reporter's record consists of the court reporter's transcription of so much of the proceedings, and any of the exhibits, that the parties to the appeal designate.

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

See Texas Rule of Appellate Procedure 34.5(a). The rules of appellate procedure provide that, at any time before the trial court clerk prepares the clerk's record, a party may file a designation of items to be included in the clerk's record.

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