Last year in the Texas court system, merely 8% of civil cases were reversed on appeal. This means that winning in the trial court has never been more important to succeeding on appeal than it is now. And one of the quickest and simplest methods of putting an end to litigation in the trial court is through filing a dispositive motion.
There are several types of dispositive motions, but most fall under two categories: a motion to dismiss or a motion for summary judgment.
A motion to dismiss is typically filed early in the litigation process before any written discovery or depositions have taken place. This motion is usually filed by a party when they believe that a lawsuit has no legal validity and should be dismissed on some legal ground before incurring the time and expense of litigation.
A motion to dismiss is often based on a defect in the pleadings or on statutory grounds such as the Texas Citizens Participation Act, which has dramatically affected the practice of law in Texas.
A motion for summary judgment generally turns on evidence generated during the discovery process, after the case has been on file for some time. Courts will grant summary judgment when the key facts of a case cannot be disputed and applying the law to those facts means there is nothing for a jury to decide.
Because preparing or opposing motions to dismiss or motions for summary judgment require substantial knowledge of Texas law and the trial and appeals courts, handling such motions represent a natural entry point for appellate attorneys. Smith Nobles attorneys utilize their extensive experience working with Texas appellate courts and exceptional research and writing skills to craft well-reasoned and persuasive motions and responses tailored for maximum effectiveness.
