Well, it might be final, but it's not final until it's actually final. That is to say, if the decision comes back as AFFIRMED. And even then, Vic would have one last hail mary chance for review before the Texas Supreme Court (although I have to warn you all that if he loses this intermediate appeal, Vic's prognosis is really quite dire).
What's happening is that they are so confident in the final outcome, they can see no other possible outcome. They will not concede the possibility that Chupp committed legal error. Like judges tend to do. All the goddamned time. It's also not black and white. They can reverse, remand, and affirm in any number of variations. 0-17 can become say, 15-2.
Lawyers are arrogant creatures (yes, even Nick... though we love him). I know this because I worked with and for them. You recognize this better when you have that closeness, but aren't one of them and thus haven't developed that arrogance.
When I tried to explain this to Shane, he opined that I'm an idiot and "Lawtwitter says so." Lawtwitter isn't the judiciary, dumb shit. I've worked with lawyers that thought one thing, and were handed another.
You don't spike the football until you're in the end zone AND there are no flags on the field.