|
Generally speaking, a judge's ruling on a motion in the course of a lawsuit may only be appealed after a judgment has become final. However, under certain limited circumstances, a judge's ruling may be appealed immediately. For example, a ruling to appoint a receiver or trustee, to certify or refuse to certify a class action, or to grant or refuse to grant a temporary injunction may be appealed immediately after the ruling has been made. This is called an "interlocutory appeal."
Texas law did not allow interlocutory appeals when district courts incorrectly decided its authority to exercise jurisdiction over a party. All too often, the courts and the parties wasted their resources trying a case only to have an appellate court rule that the district court did not have jurisdiction over one of the parties to the action.
SB 453 remedies this problem by allowing immediate appeals regarding important rulings on jurisdiction. It allows either party to make an interlocutory appeal regarding special appearances and a governmental unit's challenge of the court's jurisdiction.
SB 453 promotes the efficient use of judicial resources by correctly resolving fundamental issues before the time and expense of trial have occurred. The new law applies to cases filed on or after the effective date of the bill and to cases pending on the effective date if the trial on the merits has not begun. The bill became effective when the Governor signed it, June 20, 1997.
|
