Brown McCarroll Attorneys at Law

Win or lose, cases often do not end at the conclusion of a trial. The appellate process can be critical to your case, and your potential for success is often affected by how well the foundation for appeal was laid during trial. Our appellate attorneys offer valuable guidance before and during trial, and stand ready to represent you throughout the appeals process.

Whether you want to challenge a lower court’s ruling, defend against a challenge to a favorable ruling, preserve the record for a possible appeal, or weigh in on an amicus in a case that raises significant legal issues in your industry, our attorneys have the experience and capabilities to help you.

Effectiveness

Our depth of experience gives us the ability to examine a trial record and quickly grasp the key issues on which to base an appeal. From there, we strive to produce arguments and briefs that are meticulously researched and logically developed and will resonate with appellate judges.

With years of experience in state and federal appellate courts, our attorneys have the procedural knowledge to create a strategy tailored to your specific needs and to the demands and perspectives of the appellate court.

A member of our team, Heidi Bloch is board certified in civil appellate law by the Texas Board of Legal Specialization; and two members, Chris Reeder and Ace Pickens, are board certified in administrative law.

Our attorneys have handled all aspects of the appeals process, from administrative appeals in district court to review by the U.S. Supreme Court. We regularly appear before the Texas Supreme Court, the U.S. Fifth Circuit Court of Appeals and other Texas courts of appeals.

Building the Foundation for Appeal

The ability to mount an effective appeal often hinges on how well the foundation for appeal was established during the trial process. Our attorneys regularly work with trial counsel to identify potential appellate issues before trial, protect the record and preserve issues for appeal.

We have a history of good working relationships with trial counsel at other law firms as well as with in-house counsel. Our goal is to help you develop and execute a comprehensive and successful legal strategy.

Some of the areas where we can offer beneficial advice are summary judgments, challenges to experts, jury charges, and pre- and post-trial motions.

Range of Experience

Our attorneys assist clients with appeals, writs of mandamus and amicus support. Examples of some of our successful appellate cases illustrate the range of issues, arguments and forums in the matters we handle:

• In a case of first impression before the U.S. Fifth Circuit, we appealed the trial court’s refusal to set aside a default judgment, winning reversal on the argument that the plaintiff had failed to properly serve notice of default on our client.

• On appeal to the Texas Supreme Court, we obtained reversal in favor of the City of Austin in defending a challenge to a significant environmental protection ordinance.

• We appealed a summary judgment against our motor vehicle manufacturer client in a products liability lawsuit arising out of a vehicle fire, and won reversal before the Texas Supreme Court by establishing that there was no evidence to support any finding of a manufacturing defect under Texas law.

• We obtained a favorable decision from the Texas Supreme Court in a case dealing with the scope of an arbitrator’s authority and the grounds for vacating an arbitrator’s decision.

• In a toxic tort case, where the district court failed to dismiss on forum non conveniens, we won a grant of writ of mandamus by demonstrating that all statutory factors weighed against the case being pursued in Texas.

• We assisted trial counsel outside the firm in numerous appellate matters, including actions involving breach of contract, breach of fiduciary duties, personal injury, marital property issues and other matters.

Some of our recent published opinions include:

• Coastal Habitat Alliance v. Public Utility Com'n of Texas, 294 S.W.3d 276 (Tex.App.—Austin 2009)
• In re General Elec. Co., 271 S.W.3d 681 (Tex. 2008)
• CDI Engineering Group, Inc. v. Administrative Exchange, Inc. 222 S.W.3d 544 (Tex.App—Houston (14th Dist) 2007)
• Hawkins v. El Paso First Health Plans, Inc., 214 S.W.3d 709 (Tex.App.—Austin 2007)
• Phelps Dodge Magnet Wire Co. v. Gomez, 190 S.W.3d 883 (Tex.App.—El Paso 2006)
• CVN Group, Inc. v. Delgado, 95 S.W.3d 234 (Tex. 2002)
• Quick v. City of Austin, 7 S.W.3d 109 (Tex.1999)

Administrative Appeals

We represent our clients in appeals of Texas state regulatory disputes, including those that involve the health care, utility, and professional services business sectors. We counsel clients through every step of the appeals process:  from the Office of Administrative Hearings, through the District Court and Court of Appeals systems, to the Supreme Court of Texas. Combining our trial and appellate skills with our industry knowledge, we are able to frame the issues in ways that resonate with the specialized judges who hear administrative appeals.