Interlocutory Appeal
An appeal taken from an order that does not finally dispose of the case. Texas allows interlocutory appeal only where specifically authorized by statute, principally Tex. Civ. Prac. & Rem. Code § 51.014. Authorized categories include orders on class certification, special appearance, temporary injunction, summary judgment in certain contexts, and the same categories of orders when entered by the Texas Business Court, whose appeals go to the Fifteenth Court of Appeals. Permissive interlocutory appeals under § 51.014(d) require trial-court certification and discretionary acceptance by the court of appeals.
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. Appeals from the Texas Business Court, which opened to new cases on September 1, 2024, go to the Fifteenth Court of Appeals under the same procedures as appeals from a district court.
Mandatory interlocutory appeal categories, § 51.014(a)
Section 51.014(a) authorizes appeal as of right from orders that: (1) appoint a receiver or trustee; (2) overrule a motion to vacate an order appointing a receiver or trustee; (3) certify or refuse to certify a class; (4) grant or refuse a temporary injunction, or grant or overrule a motion to dissolve one; (5) deny a motion for summary judgment based on an assertion of immunity by an individual officer or employee of the state or a political subdivision; (6) deny a motion for summary judgment based on a free speech or free press claim or defense by a member of the media, or under Chapter 73; (7) grant or deny a special appearance; (8) grant or deny a plea to the jurisdiction by a governmental unit; (12) deny a motion to dismiss filed under § 27.003 (TCPA); and several other narrow categories. Appeals under § 51.014(a) are accelerated under Tex. R. App. P. 28; no permission from the court of appeals is required.
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 written order) and the court of appeals (by discretionary acceptance) must approve the permissive appeal. The application to the court of appeals is due 15 days after the trial court signs the order, and the appeal does not stay trial-court proceedings unless the parties agree or a court orders a stay. 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, enacted in 2023 and open to new cases from September 1, 2024, with 2025 amendments under HB 40) uses the same interlocutory appeal categories as district courts, since § 51.014(a) expressly covers business-court orders. Government Code § 25A.007 sends appeals from the Business Court 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 keeps jurisdiction of the case during the appeal and, unless a statute prohibits it, may make further orders, including one dissolving the order appealed from, so long as the order is consistent with any appellate temporary order and does not interfere with the appeal. Under § 51.014(b), an appeal under § 51.014(a), other than a temporary-injunction appeal or one in a Family Code case, stays the start of trial, and appeals under subsections (a)(3), (5), (8), and (12) also stay all other trial-court proceedings. Section 51.014(c) withholds the stay for some late-filed motions.
Interlocutory appeal matters most in commercial cases involving TCPA motions, class certification, and temporary injunctions, where the trial court's ruling has immediate consequences. The order must fall within a statutory category. In an accelerated appeal the notice of appeal is due 20 days after the order is signed, while a permissive appeal under § 51.014(d) requires a written trial-court order and an application to the court of appeals within 15 days after that order is signed. Where no statute authorizes an appeal, mandamus may be available. Appeals from the Business Court go to the Fifteenth Court of Appeals by statute.
Full entry: Interlocutory Appeal