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Business Court Remand Orders Are Not Immediately Appealable, Fifteenth Court Holds
The Fifteenth Court of Appeals dismissed ETC Field Services' direct appeal from a Business Court remand order, holding that no statute authorizes interlocutory appeal of such orders and that remand orders are not final judgments. The court noted that a 2021 business court bill expressly authorized interlocutory appeals from remand orders but the enacted Chapter 25A omitted that provision, and the Legislature clearly knew how to draft such authorization but chose not to do so.
Justice Field
Business Court Remand Orders Are Not Immediately Appealable, Fifteenth Court Holds in Second Jurisdictional Dismissal
The Fifteenth Court of Appeals dismissed Synergy Global Outsourcing's appeal from a Business Court Division 1B order remanding the case back to district court, holding that remand orders are neither final judgments nor subject to interlocutory appeal under any statute. The ruling, which follows the court's same-day decision in ETC Field Services, forecloses direct appeals from Business Court determinations that a case does not qualify for the specialized tribunal.
Chief Justice Brister