Appellate Practice
Hundreds of exhibits and testimony from dozens of witnesses distilled to 50 pages and 15 minutes of argument. An appeal can either be a “last chance” to undo an unfortunate judgment or a struggle to preserve a hard-won victory.
Appellate practice is a distinct discipline requiring experienced practitioners and the highest quality of analysis, research and writing. Over the years, Smith, Gambrell & Russell, LLP has represented clients before the United States Supreme Court and federal and state appellate courts across the country in appeals covering a wide variety of substantive areas of the law. SGR formed its Appellate Practice Group to provide clients with the highest level of professional service in the handling of appeals. Our Appellate Practice Group handles appeals in all courts and works with other trial attorneys on appeals. It serves existing clients, clients who come to us for the first time to handle appeals and clients seeking to participate in appeals as “friends of the court.”
Examples of SGR’s Appellate Work
City of Atlanta v. Clayton County Board of Tax Assessors, Georgia Court of Appeals, Case No. A06A2192 (decided March 22, 2007) (concluding that land owned by the City of Atlanta for the purpose of developing a fifth runway to Hartsfield-Jackson International Airport was exempt from real property taxes).
In re Copper Antitrust Litigation, 436 F.3d 782 (7th Cir. 2006) (reversing dismissal of multi-million dollar price-fixing antitrust claim on statute of limitations grounds).
Murray County v. R.J. Murray, LLC, 280 Ga. 314, 627 S.E.2d 574 (2006) (reversing trial court, concluding that County did not abuse its discretion by considering factors other than land use and environmental factors to determine that the proposed landfill was inconsistent with its solid waste management plan).
Gill v. Blue Bird Body Company, 147 Fed. Appx. 807, 80 U.C.C. Rep. Serv.2d 901 (11th Cir. 2005) (setting aside judgment in favor of plaintiffs in motor home lemon law dispute).
TLK, LLC v. Hartford Insurance Company of the Midwest, United States Court of Appeals for the Eleventh Circuit, Case No. 02-10773 (decided September 12, 2002)(setting aside a directed verdict that had thrown out client’s claims worth several hundred thousand dollars against an insurance company).
Seguros del Estado, S.A. v. Scientific Games Inc., 262 F.3d 1164 (11th Circuit 2001) (setting aside award of several million dollars in pre-judgment interest).
Denton v. Browns Mill Development Co., Inc. 247 GA. App 232, 543 S.E.2d 65 (2000), aff’d, 275 Ga. 2, 561 S.E.2d 431 (2002) (holding that most claims against client barred by Georgia’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute).
CAE Screenplates Inc. v. Heinrich Fiedler GmbH & Co. K.G., 224 F.3d 1308 (Fed. Cir. 2000) (affirming grant of summary judgment in favor of clients finding that clients had not infringed patent).
Concrete Sales & Services, Inc. v. Blue Bird Body Company, 211 F.3d 1333 (11th Cir. 2000) (affirming summary judgment for a manufacturing client on claim that the manufacturer was liable under Superfund law for mishandling of waste by electroplating contractor).
Empresa Colombiana de Recursos Para La Salud, S.A. v. Scientific Games, Inc., 136 F.3d 142 (11th Cir. 1998) (unpublished) (affirming dismissal of multi-million dollar claim under doctrine of lis alibi pendens because of pending related case in foreign country).
In the matter of Munford, Inc., 98 F.3d 604 (11th Cir. 1996) (affirming summary judgment in favor of corporate director clients under business judgment rule).
Nomix Corporation v. The Quikrete Companies, 874 F. Supp. 1362 (N.D. Ga. 1993), aff’d, 34 F.3d 1078 (Fed. Cir. 1994) (affirming judgment as a matter of law setting aside damage verdict against client in patent infringement case).
Essex Group, Inc. v. Southwire Co., 269 Ga. 553, 501 S.E.2d 501 (1998) (upholding grant of injunction to prohibit competitor of client from hiring a client’s former employee who had knowledge of valuable information on client’s logistical systems).
Henderson v. HSI Financial Services, Inc., 266 Ga. 844, 471 S.E.2d 885 (1996) (reversing earlier precedent to hold that client/attorney practicing in professional corporation was not personally liable for acts of professional malpractice of other attorneys in firm).
Sears Roebuck & Company, Inc. v. Parsons, 260 Ga. 824, 401 S.E.2d 4 (1991) (holding that taxing authority could not rely on contingent-fee auditor to review client’s personal property tax returns).
Georgia Society of Plastic Surgeons v. Anderson, 257 Ga. 710, 363 S.E.2d 140 (1987) (affirming money judgment for our client in trade-disparagement case).
Lange v. Standard Telephone Co., 243 Ga. App. 301, 533 S.E.2d 162 (2000) (affirming dismissal of class action complaint against client alleging illegal telephone charges).
Schrader v. Kohout, 239 Ga. App. 134, 522 S.E.2d 19 (1999) (reversed trial court’s denial of summary judgment to consulting psychologist client for alleged professional negligence in supervising treating psychologist).
LDS Social Services Corp. v. Richins, 191 Ga. App. 695, 382 S.E.2d 607 (1989) (setting aside seven-figure tort judgment against client).
Gilchrist Timber Co. v. ITT Rayonier, Inc., 696 So. 2d 334 (Fla. 1997) (case of first impression in Florida; finding that client could rely on defense of comparative negligence in cause of action for negligent misrepresentation).
Walter Lorenz Surgical, Inc. v. Teague, 721 So. 2d 358 (Fla. 1st DCA 1998) (reversing order granting motion to dismiss for lack of personal jurisdiction and ruling that trial court incorrectly required client to prove that the foreign defendant actually committed a tort in Florida).
State of Missouri, ex rel., Classic III Incorporated v. Ely, 954 S.W.2d 650 (Mo. App., W.D. 1997) (case of first impression in Missouri, recognizing that client enjoyed a reporter’s shield privilege in libel case under First Amendment).
Blue Bird Body Company v. Rainwater, 2001 Tex. App. LEXIS 4854 (Tex. App. -Dallas 2001) (finding purchaser of motor home not entitled to recover purchase price of motor home under Texas law).
Hardin Constr. Group v. Strictly Painting, Inc., 945 S.W.2d 308 (Tex. App.—San Antonio 1997) (reversing trial court’s refusal to order arbitration of construction contract dispute).
