Appellate Lawyers Serving Texas

Work with Our Board-Certified Specialists in Houston

Appeals are an integral part of litigation. Not only can the final decision in a case be appealed, but so can an increasing number of rulings made in the course of a lawsuit. A win in the trial court can turn into a loss on appeal. That is why it is critical to anticipate, prepare for, and ultimately prevail on appeal.

At Hicks Thomas LLP, our appellate lawyers – including a board-certified appellate specialist – are second to none and have a proven track record of success for our clients. Whether it is challenging an adverse ruling, defending a judgment, preserving error, positioning a case for appeal, or creating new law, Hicks Thomas LLP has the experience and expertise needed to win in all types of appellate proceedings, including:

  • Appeals of final judgments
  • Supreme Court petitions
  • Interlocutory appeals
  • Mandamus petitions
  • Stays and injunctions pending appeal

Some of our notable recent successes include:

Supreme Court of Texas

Windrum v. Kareh, --- S.W.3d ---, 2019 WL 321925 (Tex. 2019). Obtained the reversal of a court of appeals ruling that reversed a multi-million dollar jury verdict in our client’s favor in a wrongful death action.

In re City of Dickinson, 568 S.W.3d 642 (Tex. 2019). Defended a court of appeals ruling that our client’s confidential communications with an employed expert were privileged.

R.R. Street & Co., Inc. v. Pilgrim Enterprises, Inc., 166 S.W.3d 232 (Tex. 2005). Obtained the reversal of a judgment against our client for alleged environmental contamination. The case involved an issue of first impression on whether our client had statutory liability as an “arranger” of the disposal of solid waste, and the Court held that our client could not be liable as an arranger.

King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003). Obtained the reversal of a court of appeals ruling that reinstated a multi-party challenge to long-settled rights to real property.

Federal Courts of Appeals

BP Exploration Libya Ltd. v. ExxonMobil Libya Ltd., 689 F.3d 481 (5th Cir. 2012). Obtained the reversal of a trial court order appointing arbitrators in a manner that was prejudicial to our client and contrary to the parties’ agreement.

Hinds Investments, L.P. v. Angioli, 654 F.3d 846 (9th Cir. 2011). Defended the trial court’s dismissal of environmental claims against our client under state and federal law.

Team Enterprises, LLC v. Western Investment Real Estate Trust, 647 F.3d 901 (9th Cir. 2011). Defended the trial court’s dismissal of environmental claims against our client under state and federal law.

R.R. Street & Co. Inc. v. Vulcan Materials Co., 569 F.3d 711 (7th Cir. 2009). Obtained the reversal of an order dismissing our client’s claims for indemnity against a chemical manufacturer in connection with toxic tort litigation.

Texas Courts of Appeals

TWIA v. Park, 2019 WL 1831771 (Tex. App.—Corpus Christi Apr. 25, 2019, no pet.). Successfully petitioned for permissive interlocutory appeal, then obtained the reversal of the trial court’s denial of our client’s motion for summary judgment.

MJR Oil & Gas 2001 LLC v. AriesOne, LP, 558 S.W.3d 692 (Tex. App.—Texarkana 2018, no pet.). Obtained the reversal of a summary judgment against our client in an action to enforce a right of first refusal in several oil and gas leases.

TWIA v. Dickinson ISD, 561 S.W.3d 263 (Tex. App.—Houston [14th Dist.] 2018, pet. filed). Obtained the reversal of a trial court’s final judgment against our client in a jury trial.

ERC Midstream LLC v. Am. Midstream Partners, LP, 497 S.W.3d 99 (Tex. App.—Houston [14th Dist.] 2016, no pet.). Obtained the reversal of a trial court order dismissing our client’s claims against a party for lack of personal jurisdiction.

Allen v. Devon Energy Holdings, L.L.C., 367 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2012, judgm’t vacated by agr.). Obtained the reversal of a trial court order dismissing our client’s securities fraud action on summary judgment. The resulting opinion is a landmark decision in Texas.

Original Proceedings

In re TWIA, 2019 WL 1387107 (Tex. App.—Beaumont Mar. 28, 2019, orig. proceeding). Successfully mandamused an order compelling an overbroad corporate representative deposition.

In re Pinnacle Engineering, Inc., 405 S.W.3d 835 (Tex. App.–Houston [1st Dist.] 2013, orig. proceeding). Mandamused an order compelling our client to produce an email server without imposing adequate procedural and substantive protections.

In re Motor Trike, Inc., 347 S.W.3d 806 (Tex. App.—Corpus Christi 2011, orig. proceeding). Mandamused the trial court’s refusal to enter judgment on a jury verdict in favor of our client or provide valid reasons for granting a new trial.

In re Helix Energy Solutions Group, Inc., 303 S.W.3d 386 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding). Mandamused a trial court’s refusal to compel arbitration.

In re Lesikar, 285 S.W.3d 577 (Tex. App.—Houston [14th Dist.] 2009, orig. proceeding). Mandamused a trial court order striking the client’s demand for a jury trial.