Practice Areas

Appellate Law

The Appellate Practice Group at Davis & Wright provides representation and advice on a wide variety of appellate matters, whether the goal is to reverse an adverse judgment or to protect a favorable judgment from reversal. The members of the Appellate Practice Group have years of experience in the United States Courts of Appeals, the Texas Supreme Court, the Texas Courts of Appeals, and other appellate courts in and around Texas.

Services Offered By the Appellate Practice Group

We represent a broad range of clients in diverse areas of law. Our recent appellate cases have included business-related contractual disputes, construction defects, insurance coverage, employment discrimination and harassment claims, products liability, and premises liability. We possess the skill and experience to master any substantive body of law, however complex or subtle.

Our expertise extends beyond appeals from final judgments. Through our equally active writ practice, we help our clients to protect or attack significant rulings in advance of trial and judgment. We can also provide amicus curiae support by filing briefs and presenting oral argument in cases in which our clients are not direct parties, but which present important industry-wide issues directly affecting their interests.

The Need to Hire Experienced Appellate Counsel

The hiring of experienced appellate counsel is essential. A prudent client should not retain a general trial practitioner for an appeal, any more than a prudent medical patient should hire a general practitioner to perform major surgery.

Appellate attorneys provide special expertise and a fresh perspective that complement the different role of trial attorneys. Virtually every aspect of appellate practice differs from trial court practice. Trial attorneys are experts at developing factual records, examining witnesses and persuading juries. Appellate attorneys develop legal arguments to persuade judges, based upon the record made in the trial court. Appellate attorneys employ analytical and advocacy skills, based upon mastery of substantive law, appellate procedural law and independent analysis of the trial record. Appellate attorneys use these unique skills to fashion arguments that maximize the client's opportunity for success on appeal. Appellate attorneys also provide candid and objective advice to clients on the important initial question of whether to pursue or resist an appeal.

Cost-Effective Representation Is Our Hallmark

The Appellate Practice Group provides these advantages in a cost-effective way. Appellate courts expect a focused presentation, which is exactly what we deliver. We understand that part of our responsibility is to exercise sound judgment and to raise only issues that are likely to persuade the court to rule in our clients' favor.

Other Services

  • Trial Preparation Assistance
  • Jury Charge Assistance
  • Post-Trial Assistance
  • Post-Trial Proceedings
  • Interlocutory Appeals
  • Mandamus Proceedings
  • Appeals to all Texas Courts of Appeals, Texas Supreme Court, United States Court of Appeals (5th Circuit), and the United States Supreme Court

Representative Reported Cases

  • Kelso v. Gonzales Healthcare Systems, 136 S.W.3d 377 (Tex. App.--Corpus Christi 2004) (if an EKG is correctly used, any subsequent misuse or nonuse of the information it reveals does not waive immunity under Tort Claims Act)
  • In re Texas Windstorm Insurance Ass’n, 121 S.W.3d 821 (Tex. App.--Beaumont 2003, orig. proceeding) (upheld mandatory venue statute for state insurance association in multiple-defendant cases)
  • Kramer v. Lewisville Memorial Hospital, 858 S.W.2d 397 (Tex. 1993) (no recovery in Texas for lost chance of survival or cure in medical malpractice cases)
  • Lilley v. Lilley, 43 S.W.3d 703 (Tex. App.-–Austin 2000, no pet.) (Texas grandparent access statute constitutional)