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Appellate Law

Appellate Law

Losing at trial is not the end of the case. An appeal is a separate proceeding with its own rules, its own deadlines, and a different kind of argument. The Boudreaux Law Firm handles civil appeals in the Texas courts of appeals, the Supreme Court of Texas, and the Fifth Circuit.
  • Appellate Attorney Houston, TX

An Appeal Is Won or Lost in the Record

Appeals are not second trials. The court of appeals will not hear new witnesses, will not consider new evidence, and will not reweigh the facts the way a jury did. It reviews what happened below, in writing, against a narrow set of legal standards. That makes the trial record the single most important thing in the case, and it makes error preservation something that has to be done long before anyone decides to appeal.

Olan Boudreaux has spent more than forty years in Texas courtrooms building those records. He is double Board-Certified by the Texas Board of Legal Specialization in Civil Trial Law and Personal Injury Trial Law, and he served six years on that same board, including two terms as its chair. That trial background matters on appeal in a way that is hard to overstate. A lawyer who has tried the case knows where the objections were made, which rulings actually mattered, and where the other side overreached.

We handle appeals in matters we tried ourselves, and we take on appeals from cases tried by other firms. We also consult with trial counsel while a case is still pending, before the record closes and the chance to preserve an issue is gone for good.

Appellate Matters We Handle

  • Civil appeals to the First and Fourteenth Courts of Appeals in Houston
  • Petitions for review to the Supreme Court of Texas
  • Appeals to the U.S. Court of Appeals for the Fifth Circuit
  • Personal injury and wrongful death appeals
  • Business, commercial, and contract dispute appeals
  • Challenges to damages awards, including legal and factual sufficiency
  • Post-judgment motions, including motions for new trial and motions to modify the judgment
  • Accelerated and interlocutory appeals
  • Original proceedings, including petitions for writ of mandamus
  • Error preservation consulting for trial counsel during ongoing litigation
  • Appellate briefing support and oral argument for referring firms
  • FAQs

Frequently Asked Questions

Appeals work differently from trials, and most of the questions we get reflect that. Here are the ones that come up most often.
No. An appeal requires a legal error, not an unfavorable outcome. The court of appeals is looking for a mistake in how the law was applied, how the evidence was admitted or excluded, how the jury was charged, or whether the evidence legally supports the verdict. Disagreeing with how the jury weighed conflicting testimony is generally not enough on its own.
Usually thirty days from the date the trial court signs the final judgment, extended to ninety days if certain post-judgment motions are filed on time. These deadlines are jurisdictional, meaning the court of appeals cannot excuse a late filing no matter how strong the underlying argument is. Call as early as you can.
Yes. Appellate work is a distinct skill set and it is common for a different lawyer to handle it. We regularly take appeals from cases tried by other firms, and we work cooperatively with trial counsel rather than around them. Bringing in fresh eyes also helps, since issues are easier to spot when you were not the one making the calls in the moment.
Most Texas civil appeals run somewhere between one and two years from the notice of appeal to a decision, depending on the court’s docket, the size of the record, and whether extensions are granted on briefing. Cases that go on to the Supreme Court of Texas take longer.
He is Board-Certified by the Texas Board of Legal Specialization in Civil Trial Law and in Personal Injury Trial Law, a combination held by fewer than one percent of Texas attorneys. He also served six years on the Board of Legal Specialization itself, including two terms as chair. His appellate practice is built on four decades of trying the cases that appeals come from.

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Awards & Recognitions

  • Filing Deadlines

Texas Appellate Deadlines Are Short and Unforgiving

In most Texas civil cases the notice of appeal is due within thirty days after the trial court signs the final judgment. That window stretches to ninety days if a party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate, or a required request for findings of fact and conclusions of law. Miss it and the court of appeals loses jurisdiction. There is no version of this where a good argument saves a late filing.

If a judgment has been entered against you, or you won at trial and expect the other side to appeal, call before the thirty day mark. Even a short conversation early is worth more than a thorough one after the deadline has run.

Olan’s integrity and achievements have been consistently recognized by his peers and the legal community at large. His professional accolades include:

  • American Board of Trial Advocates (ABOTA): Elected member of this exclusive organization of distinguished U.S. trial lawyers.

  • Super Lawyers®: Consistently recognized as a top-rated attorney in Texas.

  • The Best Lawyers in America©: Multi-year honoree.

  • “H” Magazine: Named a “Houston Top Lawyer” and a “Lawyer for the People.”

  • Bar Foundations: Sustaining Life Fellow of both the Texas Bar Foundation and the Houston Bar Foundation.

A highly sought-after expert in his field, Olan frequently lectures at seminars and programs across the state. He is a staple on the Texas Trial Lawyers Association’s lecture roster and regularly speaks at law schools, professional groups, and the State Bar of Texas, often authoring the accompanying educational materials.

Olan’s greatest pride is his family. He and his wife, Mary Anne, have a wonderfully blended family with four daughters—Lisa, Katie, Melanie, and Denise—and are the proud grandparents of Morgan, Nate, Gillian, Madilynn, Meghan, Aubrey, Charles, Isaac, and Reagan.

  • Contact Us

Talk to Us Before the Deadline Runs

If you have a judgment you want to challenge, or you are defending one on appeal, the first conversation should happen quickly. Call (713) 400-4030 or use the form below and we will look at where your case stands.

Phone Number

(713) 400-4030

Address

1111 North Loop West, Suite 940 Houston, Texas 77008

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What Our Clients Say About Us

At Boudreaux Law Firm:, we are dedicated to providing reliable legal representation that prioritizes your needs. Our team of experienced attorneys works tirelessly to safeguard your rights.

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I had an excellent experience working with Olan. They were highly professional, communicated clearly throughout the entire process, and ultimately secured a fantastic outcome for my case. I always felt like a priority and truly appreciated their dedication. I highly recommend their services!

Edlin
Edlin

The Boudreaux Law Firm, P.C. is a premier Houston trial firm led by Olan Boudreaux, an attorney with over 40 years of experience.

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  • (713) 400-4030
  • 1111 North Loop West
    Suite 940
    Houston, Texas 77008

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