Mrs. Calad appealed the US District Court ruling to the United States Court of Appeals for the Fifth Circuit, who heard the case and overturned the lower court's ruling and remanded the case back to the Texas State Court for trial, where it could be tried in light of the US Appellate Court ruling and interpretation, and a judge or jury would be allowed to determine "collateral damages," i.e. monetary award, relief that may be sought in a Court of Law but not in a Court of Equity.