While appearing rhetorical, there is a very good reason to bother. My firm recently turned an appellant’s partially favorable result into full relief on rehearing. In doing so, we utilized the Texas appellate procedure rules, which allow parties to request that intermediate appellate courts reexamine their decisions: either by filing a motion for rehearing or a motion for reconsideration en banc.
Although not unicorn-like in frequency, Texas intermediate courts of appeals infrequently grant these motions. The statistics vary depending on the year and the specific court of appeals. However, research indicates that the success rate can be less than 20% and in many instances under 10%. Less than 10% is a daunting statistic, which would deter anyone who is accustomed to playing the odds. Continue Reading