Archives: Interlocutory Appeals

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Certificates of Merit: Don’t Let Your Lawsuit End Before It Begins

Maitreya Tomlinson
Clients have called upon me with increasing frequency regarding certificate of merit issues. While somewhat innocuous, I have found that real danger lurks behind the certificate of merit requirements contained in Chapter 150 of the Texas Civil Practice and Remedies Code. Noncompliance, for example, may lead to dismissal with prejudice. Because of the potential harm … Continue Reading

What Kinds of Orders Are Subject to Appeal in Texas?

D. Todd Smith
This is the second installment of my series entitled "20 Questions About Texas Appellate Practice."  The question answered here is:  "What kinds of orders are subject to appeal in Texas?"  Visit the original post (linked above) for the list of questions updated with links to their respective answers. Generally, a trial court’s rulings in civil cases are not subject to appeal until … Continue Reading

Texas Supreme Court Orders & Opinions 4/11/08

D. Todd Smith
The Texas Supreme Court issued 11 decisions, all but three of them per curiam, with this week’s orders.  They are: In re H.V. (No. 06-0005), a juvenile justice case involving the suppression of evidence and appellate review under Section 56.03(b) of the Texas Family Code.   Lewis v. Funderburk (No. 06-0518), resolving a 12-2 split among the … Continue Reading

Bad Day for the Belts

D. Todd Smith
Appellants surnamed Belt had a rough day in the Third Court of Appeals. In opinions written by Justice Jan Patterson (pictured), the Court dismissed for want of jurisdiction two restricted appeals brought by Robert Belt and one brought by Justin Belt.  All three cases are styled Belt v. Point Venture Property Owners’ Association, Inc., and … Continue Reading

Denial of Motion to Compel Arbitration Stands

D. Todd Smith
In AXA Financial, Inc. v. Roberts, a consolidated interlocutory appeal and mandamus proceeding previously discussed here, the Third Court of Appeals has turned away efforts to compel arbitration under both the Texas and federal statutes.  The court first held that it lacked jurisdiction over the interlocutory appeal because the notice of appeal was not filed … Continue Reading

Appealing an Otherwise Non-Final Order Under FRCP 54(b)

D. Todd Smith
How Appealing blogger and correspondent Howard J. Bashman has this thoughtful commentary on the ups and downs of trying to get an otherwise-unappealable federal district court order certified as final under Federal Rule of Civil Procedure 54(b).  If you have issues unrelated to the remaining portion of the case and immediate appellate review (as opposed … Continue Reading

Mandamus and Interlocutory Appeal Consolidated (Whee!)

D. Todd Smith
In In re AXA Financial, Inc., the Third Court of Appeals has consolidated a mandamus with an interlocutory appeal from an order denying the defendants’ motion to compel arbitration.  To be honest, this event is not terribly noteworthy, but with the legislature in session, it seems timely to mention the procedural gaffe that triggers such … Continue Reading

No Jurisdiction Over Attempted Appeal From Class Action Orders

D. Todd Smith
In Rainbow Group, Ltd. v. Wagoner, the Third Court of Appeals has dismissed a class action defendant’s interlocutory appeal from an order denying its motion to decertify the class and an order granting the plaintiffs’ motion to amend the certification.  The court of appeals held that it lacked jurisdiction becausethe first order was not subject … Continue Reading