Tex.
Civ. Practice & Remedies Code Section 51.014
Appeal from Interlocutory Order
(a)
A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:(1)
appoints a receiver or trustee;(2)
overrules a motion to vacate an order that appoints a receiver or trustee;(3)
certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure;(4)
grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65 (Injunction);(5)
denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state;(6)
denies a motion for summary judgment that is based in whole or in part upon a claim against or defense by a member of the electronic or print media, acting in such capacity, or a person whose communication appears in or is published by the electronic or print media, arising under the free speech or free press clause of the First Amendment to the United States Constitution, or Article I, Section 8, of the Texas Constitution, or Chapter 73;(7)
grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure, except in a suit brought under the Family Code;(8)
grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001 (Definitions);(9)
denies all or part of the relief sought by a motion under Section 74.351 (Expert Report)(b), except that an appeal may not be taken from an order granting an extension under Section 74.351 (Expert Report);(10)
grants relief sought by a motion under Section 74.351 (Expert Report)(l);(11)
denies a motion to dismiss filed under Section 90.007;(12)
denies a motion to dismiss filed under Section 27.003 (Motion to Dismiss);(13)
denies a motion for summary judgment filed by an electric utility regarding liability in a suit subject to Section 75.0022 (Limited Liability of Certain Electric Utilities);(14)
denies a motion filed by a municipality with a population of 500,000 or more in an action filed under Section 54.012 (Civil Action)(6) or 214.0012 (Judicial Review), Local Government Code;(15)
makes a preliminary determination on a claim under Section 74.353 (Preliminary Determination for Expert Report Requirement);(16)
overrules an objection filed under Section 148.003 (Liability for Causing Exposure to Pandemic Disease)(d) or denies all or part of the relief sought by a motion under Section 148.003 (Liability for Causing Exposure to Pandemic Disease)(f); or(17)
grants or denies a motion for summary judgment filed by a contractor based on Section 97.002 (Limit on Liability of Certain Highway, Road, and Street Contractors).(b)
An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) or in a suit brought under the Family Code, stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also stays all other proceedings in the trial court pending resolution of that appeal.(c)
A denial of a motion for summary judgment, special appearance, or plea to the jurisdiction described by Subsection (a)(5), (7), or (8) is not subject to the automatic stay under Subsection (b) unless the motion, special appearance, or plea to the jurisdiction is filed and requested for submission or hearing before the trial court not later than the later of:(1)
a date set by the trial court in a scheduling order entered under the Texas Rules of Civil Procedure; or(2)
the 180th day after the date the defendant files:(A)
the original answer;(B)
the first other responsive pleading to the plaintiff’s petition; or(C)
if the plaintiff files an amended pleading that alleges a new cause of action against the defendant and the defendant is able to raise a defense to the new cause of action under Subsection (a)(5), (7), or (8), the responsive pleading that raises that defense.(d)
On a party’s motion or on its own initiative, a trial court in a civil action may, by written order, permit an appeal from an order that is not otherwise appealable if:(1)
the order to be appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion; and(2)
an immediate appeal from the order may materially advance the ultimate termination of the litigation.(d-1)
Subsection (d) does not apply to an action brought under the Family Code.(e)
An appeal under Subsection (d) does not stay proceedings in the trial court unless:(1)
the parties agree to a stay; or(2)
the trial or appellate court orders a stay of the proceedings pending appeal.(f)
An appellate court may accept an appeal permitted by Subsection (d) if the appealing party, not later than the 15th day after the date the trial court signs the order to be appealed, files in the court of appeals having appellate jurisdiction over the action an application for interlocutory appeal explaining why an appeal is warranted under Subsection (d). If the court of appeals accepts the appeal, the appeal is governed by the procedures in the Texas Rules of Appellate Procedure for pursuing an accelerated appeal. The date the court of appeals enters the order accepting the appeal starts the time applicable to filing the notice of appeal.(g)
If a court of appeals does not accept an appeal under Subsection (f), the court shall state in its decision the specific reason for finding that the appeal is not warranted under Subsection (d).(h)
The supreme court may review a decision by a court of appeals not to accept an appeal under Subsection (f) de novo. If the supreme court concludes that the requirements to permit an appeal under Subsection (d) are satisfied, the court may direct the court of appeals to accept the appeal.
Source:
Section 51.014 — Appeal from Interlocutory Order, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.51.htm#51.014 (accessed Apr. 29, 2024).
