Russell R. Barton

Russell Barton concentrates his practice on civil appeals and litigation. A multiple-time Texas Monthly Super Lawyer in Appellate Law, Russell is board-certified in civil appellate law by the Texas Board of Legal Specialization and served as 2017-2018 president of the Eldon B. Mahon American Inn of Court.

An attorney at Harris, Finley & Bogle since 1991, Russell has substantial experience pursuing and defending appeals from final judgments in both state and federal courts, as well as interlocutory appeals and mandamus proceedings. He also regularly assists trial counsel in briefing and arguing significant or dispositive legal issues, preparing and presenting arguments regarding the jury charge and post-trial motions, and error and record preservation issues. His experience includes litigation in oil and gas, real estate, financial institutions, professional liability, corporate governance, fiduciary litigation, and business torts.

Admitted to Practice

• State Bar of Texas
• U.S. District Court for the Northern District of Texas
• Pennsylvania State Bar
• U.S. Supreme Court
• U.S. Courts of Appeals for the Third, Fifth, Eighth, Tenth, and Federal Circuits

Education

• Juris Doctor, Baylor Law School (cum laude)

Additional Highlights

• Top Attorney in Appellate Law by 360 West Magazine (2018-present)
• Super Lawyer in Appellate Law by Texas Super Lawyers, a Thomson Reuters service published in Texas Monthly (2013-present)
• Rated AV by Martindale-Hubbell® Peer Review Ratings™
• Board-Certified in Civil Appellate Law by the Texas Board of Legal Specialization
• Member, Appellate Section, State Bar of Texas
• Member (present); Member, Planning and Programming Committee (2003-2014); and Secretary (2008-2009), Appellate Law Section, Tarrant County Bar Association
• Member, Federal Bar Association
• Member, Bar Association of the Fifth Federal Circuit
• Member, Texas Association of Defense Counsel
• Emeritus Master, Eldon B. Mahon American Inn of Court
  • President (2017-2018)
  • Counselor (2016-2017)
  • Chair, Program Committee (2015-2016)
  • Chair, Membership Committee (2016-2017)
  • Membership Committee (2013-2014, 2014-2015)
• Inductee, Honorary, Serjeants' Inn of the Dallas-Fort Worth Metroplex Inns of Court (2020)
• Sustaining Life Fellow, Tarrant County Bar Foundation
• Sustaining Life Fellow, Texas Bar Foundation
• Member, Texas Supreme Court Historical Society

Representative Cases

• Mikkelson Land, LLLP v. Continental Resources, Inc., 108 F.4th 1042 (8th Cir. 2024) (affirmance of partial summary judgment regarding an Access, Surface Use and Damage Agreement). 
• Lee v. Jorgenson, 2023 WL 150863 (Tex. App. —Texarkana Jan. 11, 2023, pet. denied.) (affirmance of directed verdict regarding a Cattle Purchase Agreement).
• Jordan v. Parker, 659 S.W.3d 680 (Tex. 2022)(affirmance of judgment construing a gift deed)
• Giant Res., L.P. v. Lonestar Res., Inc., 2022 WL 2840265 (Tex. App.—Fort Worth July 21, 2022, no pet.) (affirmance of a take-nothing summary judgment on a quantum meruit claim seeking to recover brokerage services relating to oil and gas leases).
• Energy Transfer Fuel, L.P. v. 660 North Freeway, LLC, No. 02-20-00170-CV, 2021 WL 1569702 (Tex. App.—Fort Worth Apr. 22, 2021, pet. denied) (affirmance of a summary judgment establishing a landowner’s rights under an oil and gas pipeline easement).
• BlueStone Natural Res. II, LLC v. Randle, 620 S.W.3d 380 (Tex. 2021) (affirmance of judgment for liability under oil and gas lease for post-production deductions and of construction of free-use clause)
• Densmore v. McCarley, 2020 WL 1293696 (Tex. App.—Fort Worth Mar. 19, 2020, no pet.) (affirmance of take-nothing judgment based on waiver by abandonment of subdivision restrictive covenants)
• Strait v. Savannah Court P’Ship, 576 S.W.3d 802 (Tex. App.—Fort Worth 2019, pet. denied) (reversal of summary judgment regarding ownership of strip of land under road and easement rights)
• Rich v. Range Res. Corp. 535 S.W.3d 610 (Tex. App.—Fort Worth 2017, pet. denied) (affirmance of an order refusing to award sanctions under the Texas Citizens Participation Act).
• Cornwall Mountain Invs., L.P. v. Thomas E. Proctor Heirs Trust, 158 A.3d 148 (Pa.Super.Ct. 2017, pet. denied), cert. denied, ___ S.Ct. ___ (Apr. 30, 2018) (affirmance of judgment dismissing quiet title suit to subsurface minerals challenging historical tax sale deeds).
• Reece v. AES Corp., 2016 WL 521247 (10th Cir. Feb. 9, 2016) (affirmance of judgment dismissing all claims in class action suit claiming contamination from oil and gas drilling fluids).
• In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (successfully defended denial of motion to dismiss under Texas Citizens’ Participation Act in defamation suit).
• KCM Financial LLC v. Bradshaw, 457 S.W.3d 70 (Tex. 2015) (affirmance of summary judgment that oil and gas lessee was not liable for conspiracy and aiding and abetting regarding alleged breach of fiduciary duty by executive rights holder).
• Griswold v. EOG Res., Inc., 459 S.W.3d 713 (Tex. App.—Fort Worth 2015, no pet.) (affirmance of summary judgment construing the meaning of save-and-except clause in mineral deed.)
• In re Vallecito Gas, L.L.C., 771 F.3d 929 (5th Cir. 2014) (affirmance of bankruptcy court judgment regarding assignments of overriding royalty interests).
• Capitol Wireless, LP v. XTO Energy Inc., 2014 WL 3696084 (Tex. App.—Fort Worth July 24, 2014, no pet.) (affirmance of summary judgment regarding enforceability of drilling participation agreement).
• Texas Dep’t of Pub. Safety v. Randolph, 2014 WL 1875826 (Tex. App.—Fort Worth May 8, 2014, pet. denied).
• American Airlines, Inc. v. Sabre, Inc., 694 F.3d 539 (5th Cir. 2012) (affirmance of attorney’s fees order on remand of state court suit).
• Weaver v. Houchin, 2012 WL 1009416 (Fed. Cir. Mar. 7, 2012) (affirmance of summary judgment on co-inventorship claims).
• Allegiance Hillview, L.P. v. Range Tex. Prod., LLC, 347 S.W.3d 855 (Tex. App.—Fort Worth 2011, no pet.) (affirmance of judgment in favor of client).
• EOG Res., Inc. v. Hurt, 357 S.W.3d 144 (Tex. App.—Fort Worth 2011, pet. denied) (reversal and rendition in favor of client on breach of contract and lease termination claims).
• McCarty v. Montgomery, 290 S.W.3d 525 (Tex. App.—Eastland 2009, pet. denied) (affirmance of judgment for specific performance of real estate contract).
• In re Lemons, 2009 WL 531519 (Tex. App.—Tyler Mar. 4, 2009, orig. proceeding) (obtained writ of mandamus to enforce mandatory venue statute).
• Cantu v. Horany, 195 S.W.3d 867 (Tex. App.—Dallas 2006, no pet.) (affirmance of summary judgment on legal malpractice claim).
• Patterson v. Southwestern Baptist Theological Seminary, 858 S.W.2d 602 (Tex. App.—Fort Worth 1993, no writ) (affirmance of summary judgment on First Amendment freedom of religion grounds).