News & Insights
Should an En Banc Motion Be Filed? A Concurring Opinion in the First Court of Appeals Gives Some Guidance
March 30, 2026
Insights
Appellate Lawyer
To paraphrase the fictional Judge Chamberlain Haller of My Cousin Vinny, an appellate lawyer who loses an appeal is not a “unique position.” Justice David Gunn, joined by Chief Justice Terry Adams and Justice Jennifer Caughey, recently authored an opinion all but telling the appellate bar that the First Court of Appeals is “not about to revamp the entire” TRAPs to accommodate such a lawyer’s en banc petition. Reviewing this opinion will be eminently useful to appellate practitioners.
Before turning to the opinion itself, the rule controlling the en banc procedure should be familiar to every appellate practitioner (and is worth recounting):
Read the entire article here.




