Interlocutory Appeal

An interlocutory appeal is an appeal taken from an order that does not finally dispose of the case. Texas applies the "final-judgment rule", appeals are generally available only from final judgments or final orders disposing of all parties and claims. Interlocutory appeals are the statutory exception, available only where specifically authorized. The principal authorization is Section 51.014 of the Civil Practice and Remedies Code. The launch of the Texas Business Court (effective September 1, 2024) introduced new interlocutory appeal pathways for business-court matters.

Mandatory interlocutory appeal categories, § 51.014(a)

Section 51.014(a) authorizes appeal as of right from orders that: (1) appoint or refuse to appoint a receiver or trustee; (2) overrule or grant a motion to vacate or appoint a receiver; (3) certify or refuse to certify a class; (4) grant or refuse a temporary injunction; (5) deny a motion for summary judgment based on a claim against or defense by a media defendant in a libel suit; (6) deny a motion to dismiss filed under § 27 (TCPA, anti-SLAPP); (7) grant or deny a plea to the jurisdiction by a governmental unit; (8) deny a motion for summary judgment based on official immunity by a public employee; and several other narrow categories. Appeals under § 51.014(a) are accelerated under Tex. R. App. P. 28; the court of appeals must accept jurisdiction.

Permissive interlocutory appeal, § 51.014(d)

Section 51.014(d) authorizes permissive interlocutory appeal of any order that meets two requirements: (1) the order involves a controlling question of law as to which there is substantial ground for difference of opinion; and (2) immediate appeal may materially advance the ultimate termination of the litigation. Both the trial court (by certification) and the court of appeals (by discretionary acceptance) must approve the permissive appeal. The mechanism is most useful for case-dispositive legal questions, choice of law, statutory construction, scope of a privilege, that would otherwise require trial and final judgment to surface for appellate review.

Texas Business Court interlocutory appeals (post-September 2024)

The Texas Business Court (Tex. Gov't Code Ch. 25A, effective September 1, 2024, with 2025 modifications under HB 40) has its own interlocutory appeal pathways. Section 51.016 channels Business Court interlocutory appeals to the Fifteenth Court of Appeals (a new appellate court created concurrently with the Business Court, sitting in Austin). Business Court interlocutory appeals proceed on accelerated schedules similar to other § 51.014 appeals. The Fifteenth Court's specialization in business-court matters is intended to develop a coherent body of business-court appellate law.

Mandamus as alternative

Where interlocutory appeal is not statutorily authorized, mandamus is the principal alternative for obtaining immediate appellate review of a trial court order. Under In re Prudential Ins. Co. of America, 148 S.W.3d 124 (Tex. 2004), mandamus requires (1) abuse of discretion by the trial court and (2) lack of an adequate remedy by appeal. The choice between interlocutory appeal and mandamus depends on whether the order falls within § 51.014's enumerated categories, if yes, interlocutory appeal is the proper vehicle; if no, mandamus must be considered.

Procedural mechanics

Interlocutory appeals are accelerated: notice of appeal due 20 days after the order rather than the standard 30 days; record and briefing on accelerated schedules; oral argument typically expedited or waived. The trial court generally lacks plenary jurisdiction over the appealed order during the pendency of the appeal. Some § 51.014 categories also automatically stay trial court proceedings (e.g., TCPA appeals); others do not, leaving the case to proceed in the trial court even as the interlocutory appeal proceeds.

Full entry: Interlocutory Appeal