Appellee Question.

[Redah]

Texas.

Hello all,

We own a civil case in the Civil District Court (Texas). Plaintiff is appealing the Curt decision. I've already started writing my Brief in anticipation of Plaintiff's, that way I can edit it and spend less time on issues I already researched when Plaintiff submits his.

Lets say that there were 10 issues, we won 1 through 9, Plaintiff won #10. Plaintiff is appealing all 1-9 rulings. When I file my Brief, other than challenging his appeal on the 1-9 rulings, can I appeal #10?

There will be the Plaintiff (Attorney) and 5 other Defendants (Attorneys), I'm the only one that is Pro Se, the other Defendants (Attorneys) have no problem with #10, and will somehow be adverse to me as will.

Thank you.

 

[Ohiogal]

Texas.

Hello all,

We own a civil case in the Civil District Court (Texas). Plaintiff is appealing the Curt decision. I've already started writing my Brief in anticipation of Plaintiff's, that way I can edit it and spend less time on issues I already researched when Plaintiff submits his.

Lets say that there were 10 issues, we won 1 through 9, Plaintiff won #10. Plaintiff is appealing all 1-9 rulings. When I file my Brief, other than challenging his appeal on the 1-9 rulings, can I appeal #10?

There will be the Plaintiff (Attorney) and 5 other Defendants (Attorneys), I'm the only one that is Pro Se, the other Defendants (Attorneys) have no problem with #10, and will somehow be adverse to me as will.

Thank you.

In order to appeal, you would need to file your own appeal on issue 10. You can't just RESPOND and add in a new appeal on issue #10. If you have already started writing your brief, should we assume you have the transcript? If so, you may have missed the deadline to file your own appeal.

 

[Redah]

@ Ohiogal,

That's what I was concerned with.
How would that effect the fact that I already filed my AOJ (Damages and some Attorney fees from the time I had an Attorney).
The deadline is no Issue yet, the judgment was signed this week.
I have yet to have a transcript, I'm just writing down points and responding to them by writing down exhibit #s and notes-to-self.

Thank you.

 

[tranquility]

@ Ohiogal,

That's what I was concerned with.
How would that effect the fact that I already filed my AOJ (Damages and some Attorney fees from the time I had an Attorney).
The deadline is no Issue yet, the judgment was signed this week.
I have yet to have a transcript, I'm just writing down points and responding to them by writing down exhibit #s and notes-to-self.

Thank you.

If you're going to do this pro per, you better read the rules carefully. It took me less than two minutes to find the answer to your original question.

http://www.txcourts.gov/media/514722/TRAP_2014_01_01.pdf

25.1 Perfecting Appeal (Emphasis mine.)

(c) Who Must File Notice. A party who seeks to alter
the trial court’s judgment or other appealable order
must file a notice of appeal. Parties whose interests
are aligned may file a joint notice of appeal. The
appellate court may not grant a party who does not
file a notice of appeal more favorable relief than did
the trial court except for just cause.

Also see:
http://tyla.org/tyla/assets/File/Pro%20Se%20Litigant%20Guide.pdf

While not the same type of resource, a place for appellate tips:
http://appeal.pro/texas-appeals-faq/

 

[Redah]

@ tranquility,

I found the 1st 2 sources you suggested this morning, I was still looking through them when you answered me. I guess I'm on the right track, Thank you, and I will read the the 3d one you suggested as will.