As an appellate lawyer, I find I'm often able to surprise—and relieve—trial lawyers by informing them that an adverse ruling in the trial court can be reviewed immediately by a higher court. Texas law on interlocutory appeals and mandamus is complex and scattered, and has changed significantly in recent years.

The following is a non-exclusive list of state-court orders that can be immediately appealed without waiting for a final judgment:

  • Granting or denying a special appearance.
  • Granting or denying a temporary injunction, or granting or overruling a motion to dissolve or modify a temporary injunction.
  • Denying a motion to compel arbitration or stay suit pending arbitration.
  • Granting a motion to stay arbitration.
  • Granting or denying confirmation or modification of an arbitration award.
  • Granting or denying a motion to transfer venue based on the proper joinder of parties.
  • Appointing a receiver or trustee.
  • Certifying or refusing to certify a class.
  • Denying a motion for summary judgment based on official immunity.
  • Granting or denying a governmental entity's plea to the jurisdiction.
  • Denying a motion for summary judgment based on free speech by a member of the media.
  • Denying dismissal for a health-care provider for failure to serve an expert report.
  • Granting or denying dismissal for a professional for failure to file a certificate of merit.
  • With the trial court's permission, any other order involving a controlling question of law about which there is substantial ground for difference of opinion, if an immediate appeal may materially advance the ultimate termination of the litigation.

The following orders, while not subject to interlocutory appeal, may properly be the subject of a petition for writ of mandamus:

  • Denying a motion to enforce a contractual forum-selection clause.
  • To produce privileged or otherwise protected documents or information.
  • Denying a motion to transfer venue involving a mandatory-venue provision.
  • Denying a motion to disqualify or recuse a judge, or an objection to a visiting judge.
  • Granting or denying a motion to disqualify counsel.
  • Denying a motion to dismiss for forum non conveniens.
  • Arbitration-related orders that are not subject to interlocutory appeal.
  • Gag orders.
  • Appointing a special master or guardian ad litem.
  • Granting discovery sanctions that would preclude a decision on the merits.
  • Granting a new trial without stating valid and sufficient reasons, or if signed after plenary power ended.

Keep this list handy, and stay tuned for further developments!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.