Andy Tindel has enjoyed reading and studying the law since entering law school in 1979. Andy's deep interest in the law led him to develop an active appellate law practice as a counterpart to his trial work. In 1992, Mr. Tindel was certified as a specialist in the field of Civil Appellate Law by the Texas Board of Legal Specialization. Over the years, Andy has prosecuted and defended numerous appeals for both plaintiffs and defendants in the federal appellate courts as well as the various Texas Courts of Appeal and the Texas Supreme Court.  He has appeared before the United States Court of Appeals for the Fifth Circuit in New Orleans over a dozen times, including arguing and winning two en banc appeals to the full court, Bartley v. Euclid, 180 F.3d 175 (5th Cir. 1998) and Coggin v. Longview I.S.D., 337 F.3d 459 (5th Cir. 2003).

In connection with his appellate practice, Andy is frequently retained by clients and law firms at the early stages of litigation to provide advice and counsel in a host of areas such as forum selection, cause of action development, defense strategy, discovery planning and structure, preparing or responding to summary judgments and other case dispositive motions, preparing and arguing the Court's Charge, drafting or responding to post-trial motions and performing general legal research as needed and requested by the client.

Andy has also routinely served retaining attorneys by acting as co-counsel on appeal assisting with brief preparation and argument strategy or by acting as lead appellate counsel at the request of the client or the trial attorneys.  In whatever capacity retained, Andy will be a valued addition to the trial team assembled to pursue the client's interests and litigation goals.

Following is a sampling of some of Andy's appellate successes for referring attorneys and their clients:

$725,000 JUDGMENT AGAINST TYSON FOODS AFFIRMED

The Twelfth Court of Appeals has affirmed a $725,000.00 judgment awarded to Gustavo Guzman in a negligence lawsuit brought against Tyson Foods, Inc. The Court held in TYSON FOODS, INC. v. GUZMAN, 116 S.W.3d 233 (Tex. App. -- Tyler 2003, no pet.) that Mr. Guzman was entitled to recovery of lost earning capacity damages in the amount awarded by the jury even though he was not a United States Citizen and was not a resident alien at the time of his injury. This decision represents a significant victory for non-citizen laborers that are injured while working for or on behalf of U.S. corporations. Mr. Guzman and his family was represented on appeal by ANDY TINDEL, of the Provost * Umphrey Law Firm, L.L.P. in Tyler, Texas and in the trial court by DON WHEELER of the Wheeler Law Offices in Center, Texas.

PREMISES LIABLIITY VERDICT AFFIRMED BY TYLER COURT OF APPEALS

In PLAINVIEW MOTELS, INC. v. DR. PHILIP REYNOLDS, et al., 127 S.W.3d 21 (Tex. App. --Tyler 2003, pet. denied) the Texas Court of Appeals for the Twelfth District affirmed in part and reversed in part a $454,000.00 judgment in favor of the Reynolds family in a premises liability case. The Reynolds family was represented in this appeal by ANDY TINDEL of the Provost * Umphrey Law Firm, L.L.P.’s Tyler, Texas office. Mr. Tindel was successful in gaining an affirmance of the entire jury verdict, except for the rendition of a $50,000 loss of physical impairment award to the infant son of Dr. and Mrs.Reynolds. The Reynolds family was represented by DON WHEELER of the Wheeler Law Offices in Center, Texas in the trial court

EN BANC FIFTH CIRCUIT DECISION UPHOLDS DAMAGE AWARD FOR VIOLATION OF TEXAS TEACHER'S CONSTITUTIONAL RIGHTS

On July 2, 2003, the United States Court of Appeals for the Fifth Circuit, sitting en banc in COGGIN v. LONGVIEW INDEPENDENT SCHOOL DISTRICT, 337 F.3d 459 (5th Cir. 2003)(en banc) handed down an 8 to 6 decision, affirming a $275,000.00 judgment entered by United States District Judge T. John Ward in favor of Randall Coggin, a wrongfully terminated high school administrator. Mr. Coggin’s section 1983 civil rights claim was based on the school district's failure to afford him 14th Amendment procedural due process in connection with his contract termination. This was an important decision for every school employees in the State of Texas and amicus briefs were filed in the appeal on behalf of the school district by the Texas Association of School Board's Legal Assistance Fund and on behalf of Mr. Coggin by the Texas State Teacher's Association. Mr. Coggin was represented before the Fifth Circuit Court of Appeals at the three judge panel and en banc stages of the appeal by ANDY TINDEL of the Tyler, Texas office of the Provost*Umphrey Law Firm, L.L.P. and in the trial court by CHARLES H. CLARK of Clark, Lea & Porter, P.C. of Tyler, Texas.

FIFTH CIRCUIT COURT OF APPEALS REINSTATES PREGNANCY DISCRIMINATION VERDICT AGAINST GAP, INC.

In JOANNA LAXTON v. GAP, INC., 333 F.3d 572 (5th Cir. 2003)  the United States Fifth Circuit Court of Appeals reversed a Judgment as a Matter of Law (JMOL) and a conditional new trial granted by the trial court in favor of Gap, Inc. Mrs. Laxton was the manager of an Old Navy store in Tyler, Texas and was fired after she informed Gap, Inc. corporate management that she was pregnant. A case was brought under the federal Pregnancy Discrimination Act and a jury subsequently awarded Mrs. Laxton $484,000.00 in damages. The trial judge granted both of Gap's post-trial motions as to the liability issues and rendered a take nothing judgment against Mrs. Laxton. Subsequent to the grant of these motions, ANDY TINDEL, managing attorney of the Tyler office of the Provost * Umphrey Law Firm, L.L.P., was retained to appeal the take nothing judgment and succeeded in getting both the JMOL and the conditional new trial order set aside.

TEXAS SUPREME COURT AFFIRMS PHYSICAL THERAPY MALPRACTICE VERDICT

On March 28,2002, the Texas Supreme Court upheld the judgment of the Texarkana Court of Appeal in the decision of REHABILITATIVE CARE SYSTEMS of AMERCIA v. ROBERT JERRY DAVIS and KATHY DAVIS, 43 S.W.3d 649 (Tex. 2002). The Supreme Court's decision affirmed a jury verdict in favor of Mr. and Mrs. Davis in a physical therapy malpractice claim. The Davis family was represented before the Supreme Court of Texas and the Texarkana Court of Appeals by ANDY TINDEL of the Tyler, Texas office of the Provost*Umphrey Law Firm, L.L.P. and by CLAY WILDER of Wilder & Wilder, P.C. of Henderson, Texas in the trial court.