Permissive Interlocutory Appeals
Appellate attorney Rich Phillips authored an article on interlocutory appeals for The Appellate Advocate, a quarterly newsletter published by the State Bar of Texas Appellate Section. In Texas, an interlocutory order cannot be appealed absent specific authority; the Texas Legislature granted such authority with Section 51.014 of the Texas Civil Practice and Remedies Code, which lists the types of orders that can be immediately appealed along with the requirements for doing so. Mr. Phillips' article focuses on Section 51.014(d), which lays out the requirements for permissive interlocutory appeals. He reviews how appellate courts have applied these requirements and what questions remain following 2023 amendments, as well as analyzes statistics on how courts have treated them.