Copeland & Rice attorneys handle appeals and appellate-related matters in Texas and federal courts, including all Texas courts of appeals, the Texas Supreme Court, the U.S. Courts of Appeals, and the U.S. Supreme Court.  We have briefed and argued appeals involving oil and gas royalty issues, commercial torts, contract disputes, as well as tax, indemnity and insurance coverage disputes. Our appellate experience is broad. We handle traditional appeals from final judgments, as well as interlocutory appeals and emergency matters such as petitions for writ of mandamus.  We regularly team with litigation counsel to provide appellate-focused service in the trial court, such as drafting and responding to dispositive motions and motions regarding expert testimony, presenting and objecting to jury charges, and filing necessary trial and post-verdict motions to preserve error for appeal.

Representative Matters

  • Obtained reversal and rendition of a $4 million judgment on behalf of a major oil and gas company in a royalty dispute with lessors, who claimed that the market value royalty provision in the lease was modified by subsequent clause in lease dealing with the terms that were to be included in a gas purchase contract.
  • Obtained, on behalf of major technology company, reversal and rendition of tax court judgment sustaining a $13 million tax deficiency assessed by the I.R.S. on the basis of language in a closing agreement between the taxpayer and the I.R.S.
  • Obtained reversal and remand of a $100 million judgment against an engineering, procurement, and construction company in case involving claims for tortious interference with contract, business disparagement, and actual and exemplary damages.
  • Obtained, on behalf of major oil and gas company, reversal of summary judgment rendered by the trial court in favor of pipeline in a contract dispute regarding $9 million credit received by the pipeline; the U.S. Court of Appeals for the Fifth Circuit rendered judgment in favor of major oil company, holding as a matter of law that it was contractually entitled to the $9 million credit, as well as interest and attorney’s fees.
  • Obtained, on behalf of charitable organization providing subsidized housing to poor and impoverished Houstonians, reversal and rendition of judgment in favor of appraisal district denying a property tax exemption to the charitable organization.
  • Obtained mandamus relief from the Texas Supreme Court on behalf of client in case that had been improperly transferred from a Texas district court to a Texas probate court.
  • Obtained affirmance of class action settlement from the U.S. Court of Appeals for the Tenth Circuit on behalf of oil and gas company in a dispute between company and royalty interest owners over payment of royalties for carbon dioxide produced from leases in Colorado.
  • Obtained, in state appellate court, reversal of county court’s denial of special appearance by Massachusetts-based apartment rental agent in Dallas County resident’s action arising from alleged burglary during vacation to Paris; resident non-suited underlying action thereafter.
  • Represented pipeline company in mandamus action arising from trial court’s order compelling apex deposition of company’s Chief Executive Officer; proceeding stayed during mediation and dismissed, along with trial court action, upon settlement.