Appellate Attorneys in Houston, Texas
STRATEGIC AND SMART APPELLATE ADVOCACY FOR BUSINESS CLIENTS IN STATE AND FEDERAL APPEALS COURTS
Hoover Slovacek possesses the experience and unwavering tenacity that is necessary to protect clients’ rights and pursue remedies in the courts of appeals of all levels.
Hoover Slovacek’s attorneys are experienced and accomplished in state and federal appellate courts. One of Hoover Slovacek’s partners, Dylan B. Russell, is board certified by the Texas Board of Legal Specialization in Civil Appellate Law, being one of only around 400 attorneys with that board certification out of almost 100,000 attorneys licensed in Texas.
Although appellate courts are traditionally designed to handle appeals of final judgments, the appellate courts in Texas, and in some respects the federal appellate courts, are handling more pre-trial and pre-judgment matters. The Texas Legislature, for example, has established of number of different pre-trial orders and rulings that can be appealed before a trial is reached and a final judgment is rendered. These appeals are known as interlocutory appeals, and they include appeals of temporary injunction orders, orders compelling arbitration, class-certification orders, orders denying anti-SLAPP motions (motions to dismiss under the Texas Citizens Participation Act), and pleas to the jurisdiction involving governmental entities, among others. In both federal and Texas courts, certain interlocutory orders that involve controlling issues of law can also be appealed with the permission of the trial court and court of appeals, if certain elements are met. These are known as permissive appeals. Additionally, Federal law and Texas law permit some trial court orders and rulings, and sometimes even mid-level appellate court rulings and orders, to be taken directly to the appellate court above, which are known as original proceedings, including the most common form, a petition for writ of mandamus. A petition for writ of mandamus can be brought to address orders compelling the production of attorney-client communications, overly broad discovery orders, sanctions, and many others. While a case is still in the trial court, appellate attorneys can also help preserve appellate rights and form strategies for future appeals in certain trial court proceedings that are known for having notorious legal pitfalls, such as jury charge conferences, anti-SLAPP hearings, temporary injunction hearings, and class-action hearings, among other pre-trial matters.
Hoover Slovacek’s appellate attorneys have presented oral arguments in the Supreme Court of Texas, the U.S. Court of Appeals for the Fifth Circuit in New Orleans, the U.S. Court of Appeals for the Second Circuit in New York, as well both of the Houston Courts of Appeals and the appellate courts in Tyler, Corpus Christi, and Waco. They have also filed briefs and petitions in those courts, the United States Supreme Court, as well as in the Texas courts of appeals in Dallas, Fort Worth, and Beaumont. Examples of cases that Hoover Slovacek has argued at the Supreme Court of Texas include the following:
- In 2019, Mr. Russell successfully argued to the Supreme Court of Texas that the statute of limitations on civil conspiracy claims should be the period that applies to the underlying tort, not the blanket two-year period that the lower courts of appeals had decades applied to all torts: Agar Corp. v. Electro Circuits Int’l, LLC, 580 S.W.3d 136 (Tex. 2019). Video of Mr. Russell’s argument to the Court can be viewed here: http://www.texasbarcle.com/CLE/SCPlayer5.asp?sCaseNo=17-0630&bLive=&k=&T=
- In 2017, Mr. Russell successfully argued to the Supreme Court of Texas where the Court reversed the lower court rulings on a commercial eviction in favor of the landlord’s right to possession, after clarifying the law on the effect of non-waiver clauses in leases: Shields Limited P’ship v. Bradberry, 526 S.W.3d 471 (Tex. 2017). Video of Mr. Russell’s argument to the Court can be viewed here: http://www.texasbarcle.com/CLE/SCPLAYER.ASP?sCaseNo=15-0803
The subjects areas that Hoover Slovacek’s appellate attorneys have handled on appeal include the following:
- Anti-SLAPP actions under the Texas Citizens Participation Act
- Bankruptcy claim objections in a Chapter 11 case
- Business torts
- Class actions
- Commercial Landlord-tenant
- Deed restrictions
- Election contests
- Fiduciary duty litigation
- Homeowners associations
- Insurance coverage
- Non-complete agreements
- Premises liability
- Real estate disputes