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Rule 352. Definitions


The party taking an appeal or suing out a writ of error is called the "appellant" and the adverse party is called the "appellee." The term "appellate court" includes the Supreme Court or Court of Civil Appeals having jurisdiction of the cause appealed. The term "court below" means the court from which the appeal or writ or error is taken.

Source: Art. 2252.

Change: Elimination of the terms "plaintiff in error" and "defendant in error" as designations of parties on appeal by writ of error to the Court of Civil Appeals.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 3.1, 3.2.