Rule 43.

1997 Rules of Appellate Procedure

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Rule 51

RULE 43. JUDGMENT OF THE COURT OF APPEALS

43.1 Time. The court of appeals should render its judgment promptly after submission of a case.

43.2 Types of Judgment. The court of appeals may:

(a) affirm the trial court's judgment in whole or in part;

(b) modify the trial court's judgment and affirm it as modified;

(c) reverse the trial court's judgment in whole or in part and render the judgment that the trial court should have rendered;

(d) reverse the trial court's judgment and remand the case for further proceedings;

(e) vacate the trial court's judgment and dismiss the case; or

(f) dismiss the appeal.

43.3 Rendition Appropriate Unless Remand Necessary. When reversing a trial court's judgment, the court must render the judgment that the trial court should have rendered, except when:

(a) a remand is necessary for further proceedings; or

(b) the interests of justice require a remand for another trial.

43.4 Judgment for Costs in Civil Cases . In a civil case, the court of appeals' judgment should award to the prevailing party the appellate costs — including preparation costs for the clerk’s record and the reporter’s record — that were incurred by that party. But the court of appeals may tax costs otherwise as required by law or for good cause.

43.5 Judgment Against Sureties in Civil Cases. When a court of appeals affirms the trial court judgment, or modifies that judgment and renders judgment against the appellant, the court of appeals must render judgment against the sureties on the appellant's supersedeas bond, if any, for the performance of the judgment and for any costs taxed against the appellant.

43.6 Other Orders. The court of appeals may make any other appropriate order that the law and the nature of the case require.

Notes and Comments
Comment to 1997 changes: Former Rules 80(a) - (c) and 82 are merged. Paragraph 43.2(e) allows the court of appeals to vacate the trial court’s judgment and dismiss the case; paragraph 43.2(f) allows the court of appeals to dismiss the appeal. Both provisions are new but codify current practice. Paragraph 43.3(a) is moved here from former Rule 81(c). Paragraph 43.3(b), allowing a remand in the interest of justice, is new. Subdivisions 43.4 and 43.5 are from former Rule 82.

Last modified: November 08, 2001