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Smith Nobles

State Courts of Appeals

Successfully defended a judgment awarding damages to a warehouse employee who was severely injured when his arm was caught in a conveyor belt while he was repairing it.

Successfully defended a judgment on appeal after a trial court awarded full damages to a driver whose car was hit by a city bus.

Successfully defended a judgment awarding damages to a journeyman electrician severely injured after contacting live current while working on a commercial remodeling job.

Obtained acquittal on appeal of a public official convicted of official oppression.

Secured reversal of final order in a suit to modify the parent-child relationship that included a substantial fee award to an amicus attorney the appellate court held was improperly appointed.

Assisted a trade association with an amicus curiae brief addressing how medical factoring affects a claimant’s recovery of medical expenses.

Obtained reversal of a summary judgment granted on the sole ground that a police officer’s administrative appeal to a city’s civil service commission was untimely.

Achieved reversal and remand for a new trial on all issues after trial court granted summary judgment on the affirmative defense of penalty and rendered judgment that the client pay the opposing party’s attorney fees.

Successfully defended a summary judgment favoring homeowners association officer accused of negligence, breach of fiduciary duty, and fraud by nondisclosure.

Acquired client’s unconditional release on petition for writ of habeas corpus after persuading appellate court that order client was accused of violating and order holding client in contempt of court were void.

Obtained en banc reconsideration in a mandamus proceeding to allow the trial court to consider new circumstances arising after its ruling on enforceability of a forum-selection clause.

Opposed a discovery mandamus in which the relators sought to prevent disclosure of an insurer’s claim file based on attorney-client and work-product privileges, facilitating a settlement favorable to the real parties in interest.

Successfully defended a summary judgment for the defendant in a legal malpractice case.

Secured reversal of a trial court’s order refusing to enforce a mediated settlement agreement in a divorce case.

Obtained a judgment of acquittal on appeal for a public official charged with failure to file a conflict-of-interest affidavit.

Preserved an award of damages and attorney fees to an unleased cotenant who sued an oil and gas operator for underpayment of royalties.

Successfully defended consolidated direct and restricted appeals in a property tax case involving a municipality’s foreclosure on residential property. The appellate court dismissed the direct appeal as moot and affirmed the trial court’s judgment of foreclosure on the restricted appeal, holding that the taxpayer’s participation in the summary-judgment hearing precluded relief.

On mandamus, obtained a stay of a trial court’s order appointing an auditor and requiring client to pay for appraisal of alleged partnership assets pre-trial.

Represented an amicus curiae supporting a developer’s position in an appeal in which the City of Austin denied approval of a site plan to build a hotel. The appellate court reversed the trial court’s judgment and held that the hotel was a permitted use under ordinances and regulations in effect when the preliminary plan was filed.

Supported law-firm client who obtained take-nothing summary judgment for defendant in defamation case and successfully defended summary judgment on appeal.

Preserved a final judgment awarding title to the client by adverse possession and, by cross-appeal, modified the trial court’s judgment to remove costs improperly charged to the client.

Defeated a challenge to a divorce decree’s geographic restriction on a minor child’s primary residence.

Defended a Texas city from a motion to dismiss based on a certificate of merit in a construction-defect lawsuit. After oral argument, the appellate court unanimously ruled in the City’s favor. The Texas Supreme Court denied the opposing party’s petition for review.

Obtained affirmance of a money judgment for the client in a matter involving breach of an employment contract.

Defended a school district in a complicated appeal regarding an anti-suit injunction and subject-matter jurisdiction. The case settled after oral argument.

Obtained reversal and rendition of judgment for the client following a bench trial on a conversion claim.

Successfully defended a money judgment for a metal building contractor against a purchaser’s usury and breach of contract counterclaims and, by cross-appeal, increased the amount of interest awarded to the contractor.

Defended a regional hospital against a claim of negligence in the adoption of policies and procedures governing emergency-room treatment of stroke patients. The appellate court affirmed a take-nothing summary judgment for the client, holding that the trial court properly excluded plaintiffs’ expert testimony on the standard of care.

Obtained reversal and rendition of a take-nothing judgment in a premises-liability case.