Texas Civil Practice & Remedies Code - Section 51.014. Appeal From Interlocutory Order
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 51.014. Appeal From Interlocutory Order
§ 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) A person
may appeal from an interlocutory order of a district court, county
court at law, 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;
(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;
(9) denies all or part of the relief sought by a motion
under Section 74. 351(b), except that an appeal may not be taken
from an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l); or
(11) denies a motion to dismiss filed under Section
90.007.
(b) An interlocutory appeal under Subsection (a), other
than an appeal under Subsection (a)(4), stays the commencement of a
trial in the trial court pending resolution of the appeal. An
interlocutory appeal under Subsection (a)(3), (5), or (8) 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) A district court, county court at law, or county court
may issue a written order for interlocutory appeal in a civil action
not otherwise appealable under this section if:
(1) the parties agree that the order involves a
controlling question of law as to which there is a substantial
ground for difference of opinion;
(2) an immediate appeal from the order may materially
advance the ultimate termination of the litigation; and
(3) the parties agree to the order.
(e) An appeal under Subsection (d) does not stay proceedings
in the trial court unless the parties agree and the trial court, the
court of appeals, or a judge of the court of appeals orders a stay of
the proceedings.
(f) Repealed by Acts 2005, 79th Leg., ch. 1051, § 2.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 3.10, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 915, § 1, eff. June 14, 1989; Acts
1993, 73rd Leg., ch. 855, § 1, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 1296, § 1, eff. June 20, 1997; Acts 2001, 77th
Leg., ch. 1389, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 204, § 1.03, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch.
1051, § 1, 2 eff. June 18, 2005; Acts 2005, 79th Leg., ch. 97,
§ 5, eff. Sept. 1, 2005.
Section: 42.004 42.005 51.001 51.002 51.011 51.012 51.013 51.014 51.015 52.001 52.005 52.006 61.001 61.002 61.003
Last modified: August 11, 2007
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