Appellate Practice

The record is built at trial. The case is won on appeal.

Texas Supreme Court oral argument. Dozens of appellate matters across every Texas Court of Appeals. Flat-fee briefing that makes appellate co-counsel accessible — even on contingency files.

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Appellate courts do not retry facts. They review the record for legal error — on a cold record, with no witness to watch. Every word of an appellate brief must earn its place. The writing discipline required is categorically different from trial work.
The Craft

What Separates Appellate Writing from Trial Writing

Standard of Review

Every issue has one. De novo, abuse of discretion, legal sufficiency, factual sufficiency — each requires a different argument structure and a different win condition. Getting this wrong loses cases before the argument begins.

Error Preservation

An argument not raised at trial with a specific, timely objection is waived. Period. Issue mapping against the trial record is the first task on every engagement — and engaging appellate co-counsel before trial is the most underutilized tool in litigation.

Record Citation

Every factual assertion must cite the record. Uncited facts are ignored. Bad cites get briefs rejected and destroy credibility with the panel. Citation verification is included in every brief engagement.

Harm Analysis

Texas requires showing that error "probably caused rendition of an improper judgment." Even provable error without demonstrable harm loses. Harm analysis shapes how issues are framed from the opening paragraph.

Issue Selection

Weak issues dilute strong ones. The best appellate briefs present two or three issues, not twelve. Winnowing is a skill trial lawyers often resist — and one that separates serviceable briefs from winning ones.

Statement of Facts

The SOF is where appellate cases are won before the argument section begins. A well-constructed SOF frames every issue before the court reads a single argument. This is where the brief lives or dies.

Appellate Record

Selected Matters

A practice concentrated at the Fifth Court of Appeals in Dallas — with matters across every Texas Court of Appeals and the Texas Supreme Court.

Texas Supreme Court

In re Christianson Air Conditioning & Heating
No. 20-0384 (Tex. 2020)
Presented oral argument before the Texas Supreme Court. Successfully challenged overly broad jurisdictional discovery directed at design professional client who specially appeared to contest jurisdiction.
Favorable Ruling — Oral Argument
Hassell Construction Co. v. Springwoods Realty Co.
No. 23-0836 (Tex. 2023)
Petition for review following favorable court of appeals ruling for engineering firm on multi-party construction contract dispute. (From Tex. App.—Houston [1st Dist.])
Petition for Review
Childress Engineering Services, Inc. v. Starside Construction, Inc.
No. 24-0405 (Tex. 2024)
Petition for review on construction contract dispute. (From Tex. App.—Dallas [5th Dist.])
Petition for Review
Cobalt Engineering and Inspections, LLC v. Gilbert
No. 25-0952 (Tex. 2025)
Petition for writ of mandamus on behalf of engineering firm. (From Tex. App.—Houston [1st Dist.])
Mandamus Petition
New Prime, Inc. v. Chohan
No. 21-0017 (Tex. 2021)
Petition for review in personal injury matter. (From Tex. App.—Dallas [5th Dist.])
Petition for Review

Fifth Court of Appeals — Dallas

Primary appellate court — concentrated practice
Pro. Serv. Indus., Inc. v. Ibey
No. 05-24-00541-CV, 2025 WL 1737328 (Tex. App.—Dallas June 23, 2025)
Successfully obtained dismissal of all claims against licensed professional firm where the trial court had erroneously ruled that the Texas certificate of merit statute did not apply. The Fifth Court reversed and ordered dismissal. (Dallas County — 101st District Court)
Reversed & Dismissed — All Claims
Lina T. Ramey & Assocs., Inc. v. Wilkie et al.
No. 05-23-00562-CV, 2023 WL 8183272 (Tex. App.—Dallas Nov. 27, 2023)
Successfully obtained reversal of trial court order denying Chapter 150 motion to dismiss. Fifth Court held the certificate of merit statute applied and ordered dismissal of claims against design professional client. (Dallas County — 101st District Court)
Reversed — Chapter 150 Dismissal Ordered
Bella Vista Co. Construction Services v. Childress Engineering Services, Inc.
No. 05-25-01584-CV (Tex. App.—Dallas, pending)
Representing Childress Engineering Services on appeal of Rule 91a dismissal of third-party claims and Chapter 150 certificate of merit issues. (Dallas County — 95th District Court)
Pending
Childress Engineering Services, Inc. v. Bella Vista Co. Construction Services
No. 05-25-00969-CV (Tex. App.—Dallas, pending)
Interlocutory appeal; companion matter to Bella Vista. (Dallas County — 95th District Court)
Pending
Starside Construction, Inc. v. Childress Engineering Services, Inc.
No. 05-23-00534-CV (Tex. App.—Dallas 2024)
Construction contract appeal on behalf of Childress Engineering Services. (Collin County — 401st District Court)
Resolved
AGL Constructors v. PTG-HDR JV / Parsons Transportation Group
No. 05-20-00053-CV (Tex. App.—Dallas 2020)
Complex multi-party construction contract dispute appeal. (Dallas County — 192nd District Court)
Resolved
Autumn Ranch, LLC v. Childress Engineering Services, Inc.
No. 05-25-01582-CV (Tex. App.—Dallas, pending)
Real property and construction dispute on appeal; companion matter. (Rockwall County — 439th District Court)
Pending

Other Texas Courts of Appeals

In re Apple Inc.
No. 03-24-00591-CV (Tex. App.—Austin 2024)
Successfully defended trial court order compelling discovery of critical emails in construction litigation from a petition for writ of mandamus. (Travis County — 419th District Court)
Mandamus Denied — Discovery Order Upheld
Hassell Construction Co. v. Springwoods Realty Co.
No. 01-17-00822-CV (Tex. App.—Houston [1st Dist.] 2023)
Presented oral argument and defended engineering firm's dismissal from suit by general contractor related to municipal infrastructure improvements. (Harris County — 333rd District Court)
Oral Argument — Dismissal Defended
Cobalt Engineering & Inspections, LLC v. Gilbert
No. 01-25-00800-CV (Tex. App.—Houston [1st Dist.] 2025)
Interlocutory appeal for engineering firm on certificate of merit issues. (Galveston County — 212th District Court)
Pending
Walter P. Moore & Associates, Inc. v. Hancock
No. 01-25-00820-CV (Tex. App.—Houston [1st Dist.] 2025)
Interlocutory appeal for structural engineering firm on certificate of merit issues. (Fort Bend County — 268th District Court)
Pending
Chevron Phillips Chemical Co. LP v. Audubon Engineering Co.
No. 09-26-00078-CV (Tex. App.—Beaumont 2026)
Complex commercial and construction appeal. (Jefferson County — 136th District Court)
Pending
Quiddity Engineering, LLC v. Vasquez
No. 11-25-00312-CV (Tex. App.—Eastland 2025)
Interlocutory certificate of merit appeal for engineering design professional. (Ector County — 161st District Court)
Pending
Thompson Hancock Witte & Assocs. v. Stanley Spurling & Hamilton, Inc.
No. 14-21-00091-CV (Tex. App.—Houston [14th Dist.] 2021)
Professional liability defense of engineering firm. (Harris County — 55th District Court)
Resolved
Brent Hockins v. U.S. Certified Contractors, Inc.
No. 02-17-00180-CV (Tex. App.—Fort Worth 2017)
Defended dismissal of personal injury claims against contractor performing commercial roof repairs. (Denton County — 16th District Court)
Dismissal Defended

Past results do not guarantee future outcomes. Each matter is unique and must be evaluated on its own facts and applicable law.

Process

How an Engagement Works

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Appellate Deadlines Are Fixed and Unforgiving.

Send the notice of appeal and a one-paragraph description of the case. Alex will return a flat-fee quote within 48 hours of receiving the record.

Or call directly: 972-328-9615