Appellate

OVERVIEW

A jury’s verdict, or the ruling of a trial judge, does not always mark the end of a dispute. The appeal process — making sure the law and the evidence support the ultimate outcome of the case — is often a critical step in protecting the client’s right to a correct judgment.

Experienced appellate advocates have been part of the Strasburger team since long before appellate law became a recognized practice area. Founder Hobert Price was ahead of his time in focusing his practice on appellate work. The tradition he established was carried on by Royal Brin, now one of the deans of the Texas appellate bar. The current members of the firm’s Appellate Practice Group follow in those pioneers’ footsteps, bringing a wide range and depth of experience to the solution of our clients’ appellate problems.

Members of Strasburger’s Appellate Practice Group assist clients in a variety of ways, including handling appeals in cases conducted by each of the firm’s litigation practice areas, taking over or assisting with appeals in cases conducted by other firms at the trial court level, assisting the firm’s litigators with discovery issues, dispositive motions, jury instructions, and post-trial motions, consulting on trial court cases or appeals being handled by other firms, acting as legal adviser to multi-firm joint defense groups monitoring trials and appeals, preparing “friend of the court” briefs in important cases, helping with post-trial mediation, and other settlement activities.

Our attorneys are comfortable with whatever role best suits the client’s needs, ranging from brief consultation with trial counsel to working as part of a multi-firm team of lawyers to independent pursuit of a complete appeal.

The firm’s practice area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Michael Jung.

EXPERIENCE

Strasburger appellate lawyers have participated in about 200 appellate cases over the last decade, in several different federal courts and virtually every state appellate court in Texas and involving a wide range of subject matter.

Matters recently handled by Strasburger’s appellate attorneys include the following:

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A Court Determines If Motion to Compel Arbitration Is Groundless

Written by Tate Hemingson on January 15, 2018

In Archer & White Sales v. Henry Schein, Inc.¹, the Fifth Circuit clarified who determines whether a dispute is arbitrable—a court or an arbitrator—when a motion to compel arbitration is “wholly groundless.” In Archer, the plaintiff sought damages and injunctive relief for antitrust violations. The defendants moved to compel arbitration under a contract providing for arbitration Read More…


Mandamus of Denial of Responsible-Third-Party Designation

Written by Robert M. O'Boyle on January 2, 2018

In a per curiam opinion the Texas Supreme Court conditionally granted a writ of mandamus, directing the trial court to grant a timely-filed motion to designate responsible third parties.  In re Frank Coppola and Bridget Coppola, Relators, ___Tx. S. Ct. J. ___(Cause No. 16-0723)(Tex. December 12, 2017)(per curiam).  In so doing, the Court held that, Read More…


Another Bite At The Apple, Another Opportunity for Appeal

Written by Jadd F. Masso on December 18, 2017

Many interlocutory orders in Texas state court can be immediately appealed¹, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley², recently addressed how a later motion on the same issue can reopen the time for such an appeal after Read More…


On the Horizon: A Sham Affidavit Doctrine?

Written by Kelly Hunsaker Leonard on December 4, 2017

An affidavit can defeat a motion for summary judgment by raising a fact issue.  But if an affidavit contradicts a witness’s previous testimony does that raise a fact question?  Must a witness explain the contradiction?  Is the affidavit a “sham” if it does not? In federal court a party cannot defeat a motion for summary Read More…


Only Congress Can Limit Jurisdiction

Written by Judith R. Blakeway on November 20, 2017

Is a rule of appellate procedure limiting the length of an extension for filing a notice of appeal jurisdictional?  That was the question decided by the Supreme Court in Hamer v. Neighborhood Housing Services of Chicago, in No. 16-658, 2017 U.S.  LEXIS 6765 (U.S. Nov. 8, 2017). Generally, a notice of appeal must be filed Read More…


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HONORS

A jury’s verdict, or the ruling of a trial judge, does not always mark the end of a dispute. The appeal process — making sure the law and the evidence support the ultimate outcome of the case — is often a critical step in protecting the client’s right to a correct judgment.

Experienced appellate advocates have been part of the Strasburger team since long before appellate law became a recognized practice area. Founder Hobert Price was ahead of his time in focusing his practice on appellate work. The tradition he established was carried on by Royal Brin, now one of the deans of the Texas appellate bar. The current members of the firm’s Appellate Practice Group follow in those pioneers’ footsteps, bringing a wide range and depth of experience to the solution of our clients’ appellate problems.

Members of Strasburger’s Appellate Practice Group assist clients in a variety of ways, including handling appeals in cases conducted by each of the firm’s litigation practice areas, taking over or assisting with appeals in cases conducted by other firms at the trial court level, assisting the firm’s litigators with discovery issues, dispositive motions, jury instructions, and post-trial motions, consulting on trial court cases or appeals being handled by other firms, acting as legal adviser to multi-firm joint defense groups monitoring trials and appeals, preparing “friend of the court” briefs in important cases, helping with post-trial mediation, and other settlement activities.

Our attorneys are comfortable with whatever role best suits the client’s needs, ranging from brief consultation with trial counsel to working as part of a multi-firm team of lawyers to independent pursuit of a complete appeal.

The firm’s practice area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Michael Jung.

EXPERIENCE

Strasburger appellate lawyers have participated in about 200 appellate cases over the last decade, in several different federal courts and virtually every state appellate court in Texas and involving a wide range of subject matter.

Matters recently handled by Strasburger’s appellate attorneys include the following:

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