Most Texans involved in lawsuits assume they must wait until a case is completely finished before they can appeal. In many situations, that is true. Texas generally follows the “final judgment rule,” which limits appeals to final decisions that dispose of all parties and claims.
However, Texas law creates important exceptions. In certain high-impact situations, parties may file an interlocutory appeal—an appeal taken before the case is over.
Understanding when this is allowed can make the difference between correcting a serious legal error early or being forced into years of unnecessary litigation.
What Is an Interlocutory Appeal?
An interlocutory appeal allows a party to appeal a trial court’s ruling before final judgment.
Under Texas law, interlocutory appeals are permitted only when a statute expressly authorizes them. Courts do not have discretion to allow early appeals unless the Legislature has provided for them.
As the Texas Supreme Court has emphasized, “[a]ppeals are generally permitted only from final judgments unless a statute provides otherwise.”
That statute is primarily found in Texas Civil Practice and Remedies Code § 51.014.
The Statutory Basis: Texas Civil Practice & Remedies Code § 51.014
Section 51.014 lists the main orders that may be appealed immediately.
It provides, in part:
“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;
(4) grants or refuses a temporary injunction;
(5) denies a motion for summary judgment based on an assertion of official immunity;
(6) denies a motion for summary judgment based on an assertion of sovereign immunity;
(7) grants or denies a special appearance;
(8) grants or denies a plea to the jurisdiction by a governmental unit;
(9) denies a motion to compel arbitration…”
— Tex. Civ. Prac. & Rem. Code § 51.014(a)
This statute continues with additional categories, including arbitration rulings, certain expert-report decisions in healthcare cases, and other specialized matters.
If your order does not fall within § 51.014 or another specific statute, it is usually not appealable immediately.
Common Situations Where Interlocutory Appeals Arise
In everyday Texas litigation, interlocutory appeals most often appear in the following contexts.
1. Temporary Injunctions
Orders granting or denying temporary injunctions are appealable immediately.
This is critical in business disputes, real estate conflicts, and non-compete cases where injunctive relief can effectively decide the case.
See Tex. Civ. Prac. & Rem. Code § 51.014(a)(4).
2. Arbitration Rulings
Texas strongly favors arbitration, and orders denying arbitration are frequently appealed.
Section 51.014(a)(9) allows appeals from orders that:
“deny a motion to compel arbitration.”
This is common in contract disputes involving employment agreements, consumer contracts, and business partnerships.
3. Government and Immunity Cases
When government entities or officials claim immunity, early appeals are often permitted.
Examples include:
- Sovereign immunity
- Official immunity
- Pleas to the jurisdiction
These appeals prevent government defendants from being forced into trial when immunity applies.
See § 51.014(a)(5)–(8).
4. Special Appearances (Jurisdiction Challenges)
If a defendant argues that Texas courts lack personal jurisdiction, an order granting or denying a special appearance may be appealed immediately.
This often arises in interstate and international disputes.
See § 51.014(a)(7).
5. Receiverships
Orders appointing receivers can have massive financial consequences and are therefore immediately appealable.
See § 51.014(a)(1).
Accelerated Timelines: Why Interlocutory Appeals Are Dangerous to Miss
Interlocutory appeals move much faster than ordinary appeals.
Under Texas Rule of Appellate Procedure 26.1(b):
“The notice of appeal must be filed within 20 days after the judgment or order is signed” in accelerated appeals.
Missing this deadline almost always destroys the right to appeal.
There are no “do-overs” if you miss the filing window.
Permissive Interlocutory Appeals: Section 51.014(d)
In limited circumstances, Texas allows discretionary appeals even when the order is not automatically appealable.
Section 51.014(d) provides:
“A district court…may permit an appeal…if the order involves a controlling question of law as to which there is a substantial ground for difference of opinion.”
Both the trial court and the appellate court must agree to allow the appeal.
These are rare and typically reserved for complex commercial or constitutional issues.
What Happens to the Trial Court Case During an Interlocutory Appeal?
Filing an interlocutory appeal does not always stop the trial court proceedings.
In many cases:
- Discovery continues
- Deadlines remain in place
- Trial settings remain active
However, some appeals—especially immunity cases—trigger automatic stays.
Determining whether a stay applies requires careful legal analysis.
Risks of Filing an Improper Interlocutory Appeal
Filing an unauthorized interlocutory appeal can backfire.
Potential consequences include:
- Immediate dismissal by the appellate court
- Loss of credibility with the trial judge
- Delays that harm your strategic position
- Possible sanctions in extreme cases
Texas appellate courts strictly enforce jurisdictional limits.
If the statute does not authorize the appeal, the court cannot hear it.
Strategic Considerations: Should You File an Interlocutory Appeal?
An interlocutory appeal is not always the right move—even when permitted.
You should consider:
- Cost of appellate litigation
- Delay to final resolution
- Risk of adverse precedent
- Effect on settlement leverage
- Impact on client resources
In some cases, waiting for final judgment produces a better outcome.
In others, early appellate intervention is essential.
Practical Example
Imagine a business owner whose motion to compel arbitration is denied.
Without an interlocutory appeal:
- The case proceeds through discovery
- Depositions occur
- Trial approaches
- Legal fees skyrocket
If arbitration is required, all of that work may be wasted.
Section 51.014(a)(9) exists to prevent that outcome.
How a Texas Attorney Can Help with Interlocutory Appeals
Interlocutory appeals require specialized knowledge of:
- Appellate jurisdiction
- Statutory interpretation
- Accelerated briefing schedules
- Record preparation
- Preservation of error
Mistakes are difficult to correct after filing.
Before pursuing an early appeal, consult with counsel experienced in Texas civil procedure and appellate practice.
Final Thoughts
Interlocutory appeals are powerful tools—but only when used correctly.
Texas law strictly limits when early appeals are allowed, and missing deadlines or misreading the statute can permanently harm your case.
If you are facing an injunction, arbitration ruling, immunity issue, or jurisdiction dispute, understanding your interlocutory appeal rights may be critical to protecting your legal and financial interests.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
