Successful appellate litigation requires specialized expertise, persuasive brief writing, skilled oral advocacy, an effective litigation strategy, and attention to detail. Horwitz Law employs seasoned appellate litigators with experience clerking for both trial and appellate courts, including the Tennessee Supreme Court. Benefiting from this experience, Horwitz Law has successfully represented appellate clients in high-stakes, high-profile appeals before the United States Court of Appeals for the Sixth Circuit, the Tennessee Supreme Court, the Tennessee Court of Appeals, the Tennessee Supreme Court Special Workers’ Compensation Appeals Panel, in administrative agency appeals to Davidson County Chancery Court, and in expungement appeals in Davidson County Criminal Court. Horwitz Law also provides amicus curiae representation in both state and federal appellate courts.
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Appellate Wins
Tennessee Supreme Court Wins:
*Recipient of Final Expunction Ord. in McNairy Cnty. Cir. Ct. Case No. 3279 v. Rausch, 645 S.W.3d 160 (Tenn. 2022) (won order obligating Tennessee Bureau of Investigation to comply with expungement order)
*Wallace v. Metro. Gov’t of Nashville, 546 S.W.3d 47 (Tenn. 2018) (won order modifying date of Nashville mayoral election)
*Gluzman v. Tennessee Board of Law Examiners, M2016-02462-SC-BAR-BLE, (Tenn. 2017) (won order that Argentinian law student could take Tennessee bar exam)
–Peek v. Tri-Green Equip., LLC, No. M2013-02731-SC-R3-WC, 2014 WL 7433782 (Tenn. Workers Comp. Panel Dec. 30, 2014) (won affirmance of worker’s compensation judgment)
Tennessee Court of Appeals Wins:
*Small v. Law, No. M2024-00255-COA-R3-CV, 2024 WL 3665755 (Tenn. Ct. App. Aug. 6, 2024) (won award of appellate attorney’s fees arising from Tennessee Public Participation Act victory)
*Malone v. Rose, No. M2023-01453-COA-WR-CV, 2024 WL 1281109 (Tenn. Ct. App. Mar. 26, 2024) (won certiorari reversal of unconstitutional prior restraint)
*Lehmann v. Wilson, No. M202300232COAR3CV, 2024 WL 901426 (Tenn. Ct. App. Mar. 4, 2024) (won judgments of acquittal in criminal contempt case)
*Gilliam v. Gerregano, No. M2022-00083-COA-R3-CV, 2023 WL 3749982 (Tenn. Ct. App. June 1, 2023), appeal granted, No. M2022-00083-SC-R11-CV, 2023 WL 8183811 (Tenn. Nov. 21, 2023) (won order that personalized license plates are not government speech)
*Rose v. Malone, No. M2022-01261-COA-R3-CV (Tenn. Ct. App. June 12, 2023) (won Rule 8 appeal vacating trial court order denying bail)
–Frogge v. Joseph, No. M2020-01422-COA-R3-CV, 2022 WL 2197509 (Tenn. Ct. App. June 20, 2022) (won affirmance of trial court order invalidating as unconstitutional non-disparagement clause that forbade school board members from speaking negatively about former director of schools)
–Nandigam Neurology, PLC v. Beavers, 639 S.W.3d 651 (Tenn. Ct. App. 2021) (won affirmance of first-ever anti-SLAPP judgment awarded under the Tennessee Public Participation Act)
–Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics & Campaign Fin., No. M2018-01967-COA-R3-CV, 2019 WL 6770481 (Tenn. Ct. App. Dec. 12, 2019) (won affirmance of trial judgment invalidating two campaign finance restrictions as unconstitutional abridgement of the First Amendment)
–Fraternal Ord. of Police v. Metro. Gov’t of Nashville, 582 S.W.3d 212 (Tenn. Ct. App. 2019) (won affirmance of trial court judgment permitting referendum establishing board to provide civilian oversight of Nashville police)
–Loftis v. Rayburn, No. M2017-01502-COA-R3-CV, 2018 WL 1895842 (Tenn. Ct. App. Apr. 20, 2018) (won affirmance of trial court judgment dismissing defamation case for failure to state a claim)
*Richman v. Debity, No. E2022-00908-COA-R3-CV, 2023 WL 4285290 (Tenn. Ct. App. June 30, 2023) (won order vacating denial of Tennessee Public Participation Act petition)
–Adamson v. Grove, No. M2020-01651-COA-R3-CV, 2021 WL 5919118 (Tenn. Ct. App. Dec. 15, 2021), appeal granted, cause remanded (Apr. 14, 2022) (won later-vacated order affirming grant of Tennessee Public Participation Act petition)
*Mynatt v. Nat’l Treasury Emps. Union, Chapter 39, No. M2020-01285-COA-R3-CV, 2021 WL 4438752 (Tenn. Ct. App. Sept. 28, 2021), rev’d, 669 S.W.3d 741 (Tenn. 2023) (won later-reversed order reversing trial court grant of motion to dismiss malicious prosecution claim)
U.S. Court of Appeals for the Sixth Circuit Wins:
*Mynatt v. United States, 45 F.4th 889 (6th Cir. 2022) (won order reversing district court order granting motion to dismiss Federal Tort Claim Act-based malicious prosecution claim)
*Sullivan v. Benningfield, 920 F.3d 401 (6th Cir. 2019) (won order reversing district order granting motion to dismiss complaint challenging inmate sterilization program)
–Deja Vu of Nashville, Inc. v. Metro. Gov’t of Nashville & Davidson Cnty., Tennessee by & through Traffic & Parking Comm’n, 805 F. App’x 379 (6th Cir. 2020) (won order affirming district court order dismissing civil rights conspiracy claims filed by strip club against neighboring business)
Tennessee Court of Criminal Appeals Wins:
*Stokes v. State, No. W2023-00421-CCA-R3-ECN, 2024 WL 1636604 (Tenn. Crim. App. Apr. 16, 2024) (won order reversing trial court dismissal of petition for writ of error coram nobis)
*Stokes v. State, No. W2022-01049-CCA-R10-PC (Tenn. Crim. App. Aug. 18, 2022) (won extraordinary appeal reversing trial court order setting premature post-conviction hearing)
Amicus Wins:
–Terry v. State of Tennessee, E2023-00684-SC-R11-PC (Tenn. 2024)
–Metro. Gov’t of Nashville & Davidson Cnty. v. Davidson Cnty. Election Comm’n, No. M2021-00723-COA-R3-CV, 2022 WL 880477 (Tenn. Ct. App. Mar. 25, 2022), appeal denied, not for citation (Sept. 29, 2022)
–Shaw v. Metro. Gov’t of Nashville & Davidson Cnty., 651 S.W.3d 907 (Tenn. 2022)
–George v. Hargett, 879 F.3d 711 (6th Cir. 2018)
–Tennessean v. Metro. Gov’t of Nashville, 485 S.W.3d 857 (Tenn. 2016)
–State v. Herron, 461 S.W.3d 890 (Tenn. 2015)
Administrative/Other Appellate Wins:
*Hughes v. Tennessee Board of Parole, Davidson Cnty. Chancery Ct. Case No. 21-618-II (won order mandating that Board of Parole provide inmate a parole hearing under the Reentry Success Act of 2021)
*Braxton v. Tennessee Dept. of Correction, Lauderdale Cnty. Chancery Ct. Case No. 16298 (won order vacating finding of liability in inmate disciplinary case)
*JF v. State, Davidson County Criminal Court Case XXXXX (won appeal of General Sessions court order denying expungement)
*Denotes win as Appellant
ONLY Guy you want to handle your appeal
August 27, 2022 — Mr. Horwitz has an incredible work ethic, legal mind, and an innate ability to analyze legal facts and circumstances in a manner which gives his clients the best chance at an appeal of an erroneous decision(s) by a lower court. As a result of his representation I won a 3-0 decision in the TN Court of Appeals and then on a related case a 3-0 decision in the Federal 6th Circuit Court of Appeals. If you want to have the absolute best chance of winning your appeal, then you go with an appellate expert. That is what Mr. HORWITZ brings to the table in a way no other attorney can. He, Lindsay Smith, and his team are incredibly talented.
Posted by Ken Mynatt
Outstanding
June 16, 2018 — Mr. Horwitz successfully represented me in a life-changing matter. He is the most impressive attorney I have met. His professionalism in terms not only of dedication but also of client communication is unimpeachable. His legal acumen is the highest I have encountered in the sixteen years I have been a lawyer myself. He is also a consummate legal strategist, and he thinks outside the box when it comes to rallying resources in support of his clients’ positions. The more important the outcome of a matter, the more I recommend Mr. Horwtiz’s services.
Posted by Maximiliano