Lost a lawsuit, or found out about a default judgment after the fact? Texas law gives you ways to fight back, and each one has its own clock.
Yes. A final judgment in a civil case can be appealed to one of the Texas courts of appeals, and some orders can be appealed before the case ends, like an order granting or denying a temporary injunction. The appeal is decided on the record from the trial court: the pleadings, the evidence, and the transcripts. That's why the first question is always the same: what does the record show?
| Step | Deadline | Source |
|---|---|---|
| Motion for new trial | Within 30 days after the judgment is signed | Tex. R. Civ. P. 329b(a) |
| Notice of appeal from a final judgment | 30 days after the judgment is signed, or 90 days if a timely motion for new trial, motion to modify, motion to reinstate, or (when required or permitted) request for findings of fact is filed | Tex. R. App. P. 26.1(a) |
| Accelerated appeal (for example, a temporary injunction) | 20 days after the judgment or order is signed | Tex. R. App. P. 26.1(b) |
| Restricted appeal | Within six months after the judgment or order is signed | Tex. R. App. P. 26.1(c) |
| Extension of the notice deadline | Within 15 days after the deadline, with a motion reasonably explaining the need | Tex. R. App. P. 26.3 |
| Federal civil appeal | 30 days after the judgment is entered (60 days if the United States is a party) | Fed. R. App. P. 4(a)(1) |
A default judgment is a judgment entered because a defendant didn't answer or didn't show up. People often learn about one only when their bank account is frozen. You may have more than one option, depending on how much time has passed:
Usually, yes, unless the judgment is superseded. A judgment debtor can suspend enforcement during the appeal by filing a written agreement, a bond, a deposit, or other security the court orders (Tex. R. App. P. 24.1). Think of it as putting the money on the table so collection waits while the appeal is decided.
Cases from justice court usually go to county court for a new trial instead of to the court of appeals. The deadlines are very short:
Civil appeals turn on preservation and the standard of review: what was objected to, what the record proves, and how much deference the trial court's ruling gets. Jonathon Muñoz worked inside a court reviewing these questions, and he writes briefs built to answer them. The law should be something you can use, not something that is used on you. Law Nerd LLC exists to put the tools of appellate courts back within reach of the people whose lives depend on them.
Generally 30 days after the judgment is signed, or 90 days if a timely motion for new trial or other qualifying post-judgment motion is filed (Tex. R. App. P. 26.1(a)). Accelerated appeals are due in 20 days (Rule 26.1(b)).
A restricted appeal lets a party who didn't participate in the hearing that resulted in the judgment, and didn't timely file a post-judgment motion, appeal within six months after the judgment is signed (Tex. R. App. P. 26.1(c), 30). It is often used against default judgments.
Generally yes, unless enforcement is suspended. A judgment debtor may supersede the judgment by filing a written agreement, a bond, a deposit, or other security the court orders (Tex. R. App. P. 24.1).
Within 5 days after the justice court's judgment is signed (Tex. R. Civ. P. 510.9(a)).
That depends on what the record shows and what standard of review applies. A second-opinion review can tell you honestly whether an appeal is likely to be worth the cost before you commit to it.
Tell me what happened and when the judgment was signed. You'll get an honest answer about your options and how much time you have.
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