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Overview

Appellate practice is more than what happens after trial. From the moment a case is filed, any event is a potential subject for appeal. Our appellate lawyers are available to assist at every stage of a case, whether our firm or another is trial counsel.

Royston Rayzor’s appellate lawyers have a reputation for reliable explanations of the law. We try to win on definitive, established grounds in an effort to deter further appeals. But we are aggressive and will argue cutting-edge issues to advance a client’s interests.

Our appellate section is led by Brian C. Miller, a board-certified civil appellate lawyer who is on the Texas Super Lawyers list for appellate practice. Mr. Miller has held several positions in the American Bar Association and the State Bar of Texas, including chair of the ABA Tort Trial and Insurance Practice Section’s Appellate Committee, member of the ABA Judicial Division’s Amicus Brief Committee, and member of the State Bar’s Board of Directors. Mr. Miller is joined by other outstanding lawyers, including former appellate and federal trial court clerks.

Some of our recent appeals include the following:

Coastal Motorcars Ltd. v. Brown, 2015 WL 6651536 (Tex. App. – Corpus Christi 2015, no pet.) (vacating judgment awarding damages against car dealership client in Deceptive Trade Practices Act case)

Kris William Builders Inc. v. Tranquility Lakes Owners Assn. Inc., 2015 WL 5770019 (Tex. App. – Houston [1st Dist.] 2015, no pet.) (affirming dismissal, on summary judgment, of contractor’s claims against condominium-association and managing-agent clients)

Bruington Engineering Ltd. v. Pedernal Energy L.L.C., 456 S.W.3d 181 (Tex. App. – San Antonio 2014, pet. pending) (reversing trial court and dismissing, with prejudice against refiling, plaintiff’s claims against client engineering firm because of plaintiff’s violation of certificate-of-merit statute for suits against architects and engineers)

Legacy Home Health Agency Inc. v. Apex Primary Care Inc., 2013 WL 5305238 (Tex. App. – Corpus Christi 2013, pet. den.) (reversing temporary injunction against client in suit by competitor)

Cuellar v. Keppel Amfels L.L.C., 731 F.3d 342 (5th Cir. 2013) (client secondary employer did not interfere with plaintiff’s Family and Medical Leave Act rights when plaintiff did not first apply for reinstatement with her primary employer, a placement agency)

Ramirez v. Martinez, 716 F.3d 369 (5th Cir. 2013) (reversing, in part, denial of summary judgment by holding that client peace officer was not liable for false arrest of plaintiff)

Brannan Paving G.P. L.L.C. v. Pavement Markings Inc., 446 S.W.3d 14 (Tex. App. – Corpus Christi 2013, pet. den.) (reversing take-nothing judgment in client’s suit against subcontractor for failure to procure additional-insured coverage)

In re Emex Holdings L.L.C., 2013 WL 1683614 (Tex. App. – Corpus Christi 2013, orig. proc.) (reversing trial court’s denial of client’s motion to enforce forum-selection clause in international business dispute)

In re St. Paul Surplus Lines Ins. Co., 2012 WL 2015796 (Tex. App. – Houston [14th Dist.] 2012, orig. proc.) (reversing trial-court ruling and ordering severance and stay of proceedings on extracontractual claims against client insurer until resolution of coverage claim)

Sobrino-Barrera v. Anderson Shipping Co., 495 Fed. Appx. 430 (5th Cir. 2012) (affirming summary judgment that client vessel charterer owed no duty to injured longshoreman)

Salinas v. Briggs Ranches, 350 S.W.3d 218 (Tex. App. – San Antonio 2011, no pet.) (adopting our arguments concerning employer liability for off-duty employees and affirming take-nothing judgment in favor of client in wrongful-death suit)

Gulf Coast Shell and Aggregate L.P. v. Newlin, 623 F.3d 235 (5th Cir. 2010) (reversing trial court judgment and ordering dismissal, for lack of admiralty jurisdiction, of investors’ claims against client)

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