Family Law Appellate Issues

The Texas legislature has responded to the Texas Supreme Court’s recent and controversial opinion in Tedder v. Gardner Aldrich LLP, by enacting House Bill 1366 to clarify a trial court’s power to award attorney’s fees in a suit for divorce.
Continue Reading Texas Legislature Clarifies Ability of Trial Court to Award Attorneys’ Fees in a Divorce in Response to Tedder v. Gardner Aldrich, LLP

This ground breaking case out of the Texas Supreme Court could forever change the way attorney fees are requested, awarded, and recovered by law firms in Texas divorce proceedings by holding that legal fees incurred by a spouse in a divorce proceeding are not “necessaries” (food, clothing, essential medical care, habitation, etc.).
Continue Reading Tedder v. Gardner Aldrich, LLP: Texas Supreme Court Holds Attorney Fees In Divorce Are Not Necessaries Under Spousal Support Statute

Last week the Dallas Court of Appeals issued its opinion in Shilling v. Gough, holding that the trial court erred by awarding attorney’s fees without a proper legal basis. Michelle May O’Neil and I represented Shilling in his successful appeal.
Continue Reading O’Neil & Attorneys Prevail on Appeal: Award of Attorney’s Fees Must Have Proper Legal Basis

As with other areas of law, the family law appellate lawyer can help get a case ready for trial. The family law appellate lawyer can handle disputes over legal issues so the trial lawyer can focus on the fact issues. The family law appellate lawyer can draft motions, briefs, or even the jury charge to fine-tune the really important legal issues. The family law appellate lawyer can advise the trial lawyer as to what parts of the case really matter, and what can be left on the editing room floor.
Continue Reading Appellate Lawyers are the Chess Club of the Law World

A Wisconsin lawyer has been fined $100 for getting a citation wrong in a brief submitted to the Wisconsin Court of Appeals. The appeals court expressed its frustration in a footnote to an unpublished opinion, Espitia v. Fouche, Legal Blog Watch reports. The court imposed the penalty and explained the reason for it in a footnote to a 2008 unpublished opinion, Espitia v. Fouche. Here is the entire footnote:
Continue Reading Lawyer Fined For Wrong Case Citation