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Interlocutory Appeal of Special Appearance Order Dismissed After Merger into Final Judgment

Chief Justice Scott Brister Decided August 19, 2025 Mem. Op. DISMISSED

Primexx Energy Opportunity Fund, LP and Primexx Energy Opportunity Fund II, LP v. Primexx Energy Corporation, M. Christopher Doyle, Angelo Acconcia, Blackstone Inc., Blackstone Holdings III LP, Blackstone EMA II LLC, BMA VII LLC, Blackstone Energy Management Associates II LLC, Blackstone Energy Partners II LP, Blackstone Management Associates VII LLC, Blackstone Capital Partners VII LP, BCP VII/BEP II Holdings Manager LLC, BX Primexx Topco LLC, and BPP Holdco LLC Fifteenth Court of Appeals 15-25-00095-CV active

By Joel Reese · August 05, 2026 Fifteenth Court of Appeals

The Fifteenth Court of Appeals dismissed an interlocutory appeal by Primexx Energy Opportunity Fund entities challenging a Business Court order granting special appearances after the appellants notified the court that the interlocutory order had merged into a final judgment now subject to separate appeal under cause No. 15-25-00120-CV. The dismissal illustrates the application of merger doctrine when a trial court renders final judgment while an interlocutory appeal remains pending.

Special Appearance Interlocutory Appeal Appellate Procedure Section 51.014(a)(7) Merger Doctrine

Special Appearance Personal Jurisdiction Interlocutory Appeal Merger Into Final Judgment

Background and Procedural Posture

Primexx Energy Opportunity Fund, LP and Primexx Energy Opportunity Fund II, LP appealed an interlocutory order from Business Court Division 1B of Dallas County granting the special appearances of two defendants. The appeal was docketed as cause No. 15-25-00095-CV and proceeded under the interlocutory appeal provision for special appearance orders in section 51.014(a)(7) of the Texas Civil Practice and Remedies Code.

The Merger Issue

While the interlocutory appeal was pending, the Business Court rendered a final judgment in the underlying case. The appellants filed a "Notice of Merged Appeal" informing the Fifteenth Court of Appeals that the Business Court's interlocutory order had merged into the final judgment. The appellants indicated their intention to challenge the special appearance rulings in a separate appeal from the final judgment, which the court docketed under cause No. 15-25-00120-CV.

The Court's Analysis

Chief Justice Brister, writing for the panel, applied established Texas merger doctrine to resolve the appeal. The court cited Bonsmara Natural Beef Co., LLC v. Hart of Texas Cattle Feeders, LLC, noting the controlling principle:

When a trial court renders a final judgment, the court's interlocutory orders merge into the judgment and may be challenged by appealing that judgment.

Treating the Notice of Merged Appeal as a motion to dismiss under Texas Rule of Appellate Procedure 42.1(a)(1), the court granted the motion and dismissed the interlocutory appeal.

Significance for Texas Business Court Practice

This brief memorandum opinion provides an early illustration of how traditional appellate procedure doctrines apply to Business Court appeals. The dismissal confirms that interlocutory appeals from the Business Court are subject to the same merger principles that govern other Texas civil litigation: when a final judgment is rendered while an interlocutory appeal is pending, the interlocutory order merges into the final judgment and the proper vehicle for appellate review becomes the appeal from that final judgment. Practitioners pursuing interlocutory appeals from Business Court orders on special appearances or other immediately appealable rulings should monitor trial court activity and be prepared to consolidate their challenges into a final appeal if judgment is rendered before the interlocutory appeal concludes.