Texas civil procedure, I had to leave a hearing due to illness, can I file an appeal or a new hearing date
Round Rock, TX
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Posted about 1 year ago in Litigation
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I have had custody of my daughter since she was born, and since the divorce 4 years ago. In the final hearing a couple of weeks ago, I had to leave due to illness (kidney failure). Her lawyer told the court I left and flipped everything and took my child's custody. I filed to appeal, but they are asking me on " What type of a hearing do I want? "
Please help, time is of the essence. - Is this your question? Add additional information Answers (1)Patrick Allen Wright
This attorney is licensed in Texas.
Posted about 1 year ago.
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I would file a motion for new trial. In a motion for new trial, a party asks the trial court to reconsider and rectify trial error in the courts ruling. The motion for new trial asks the trial court to set aside the existing judgment. A motion for new trial must be filed within 30 days after date the judgment was signed. If it has only been two weeks you should be able to get this on file. The court should sign the motion for new trial order granting or denying the motion within 75 days after the date the judgment was signed;if not, the motion is overruled by operation of law on the 76th day after the date the judgment was signed. The court has broad discretion in granting a new trial. A new trial may be granted "for good cause, on motion or on the court's own motion". I would make sure that you have sufficient evidence to document your medical condition. Explain to the judge your medical condition. I would also consult with a local lawyer about your time deadlines.
Patrick Wright The Wright Firm, L.L.P. |