Appeals

When your trial is complete, the prospect of an appeal always exists, either to protect your victory or to appeal a loss. Taking action to protect your appeal rights at the trial level is critical.

This is a precise and complicated process and a hard fought victory can be lost for many different reasons. Among those reasons, a judgment in your favor can be reversed if:

  • A proper objection is not made to a jury question, or
  • A proper objection is not made to improper evidence at the trial level.

You may lose the right to appeal an issue if:

  • It is not raised in a proper motion after a jury returns its verdict, but before a judgment is final
  • If it is not properly raised in a trial brief

The appeal process can be a mine field and you need an experienced appeals lawyer who can confidently guide you through the appeals process.

Mr. Kuykendall has enjoyed overwhelming success in representing clients in appeals by seeing the process to completion personally. Typically, large law firms will have two or more lawyers at the trial level and then have another attorney or more handle the appeal. This makes the process extremely expensive and the client might feel alienated after dealing with different lawyers at every step in the proceeding . Because Mr. Kuykendall will handle the litigation process until the appeal process is complete, it is not necessary for another lawyer to learn the case. This gives the client a cost saving personalized touch for the entire appeal.

Mr. Kuykendall’s published decisions are listed below:

  1. Senior Care Resources, Inc. v OAC Senior Living, LLC, — S.W.3d –, 2014 WL 1007783 (Tex.App.- Dallas 2014).
  2. Compass Bank v Goodman, 416 S.W.3d 715 (Tex.App.—Dallas 2013).
  3. Compass Bank v. Manchester Platinum Management , Inc., 2013 WL 4081420, (Tex.App.—Dallas 2013, pet.granted).
  4. LG Insurance Management Services, L.P. v Leick, 378 S.W.3d 632 (Tex.App.— Dallas 2013, pet. denied).
  5. Compass Bank v MFP Financial Services, Inc., 152 S.W.3d 844 (Tex.App.—Dallas 2005, pet. denied).
  6. Ameritech Services, Inc. v. SCA Promotions, Inc., 2004 WL 237760 (Tex. App. – Dallas 2004).
  7. UMI Funding, Inc. v. Northstar Mortgage, Inc., 2003 WL 262520 (Tex. App. – Dallas 2003).
  8. Dennis v. First State Bank of Texas, 989 S.W.2d 22 (Tex. App – Fort Worth 1998).
  9. Rubin v. Hoffman, 843 S.W.2d 658 (Tex. App. – Dallas 1992).
  10. Jones v Rubin, 1994 WL 16189668 (Tex.App.—Dallas 1994, pet. denied).
  11. Irrigation Association v. First National Bank of Frisco, 773 S.W.2d 346 (Tex. App. – Dallas 1989).