Texas Senate Bill SB1384

Texas 2009 - 81st Regular

Caption

Relating to permissive interlocutory appeals in civil actions.

Impact

If enacted, SB1384 would enhance the legal framework surrounding civil appeals by potentially enabling parties in civil disputes to resolve significant legal questions at an earlier juncture in the litigation process. By allowing appeals of certain interlocutory orders, the bill aims to reduce the backlog of cases that could otherwise be prolonged due to unresolved legal issues. This could lead to more efficient court proceedings and a quicker resolution of civil cases, benefiting not only the parties involved but also the judicial system as a whole.

Summary

Senate Bill 1384 aims to amend the Civil Practice and Remedies Code, specifically focusing on the permissive nature of interlocutory appeals in civil actions. The bill proposes changes to Section 51.014 by allowing district courts, statutory county courts, statutory probate courts, and county courts to issue written orders permitting appeals from interlocutory orders that are not otherwise appealable. This is conditional upon the existence of a controlling question of law that presents substantial grounds for differing opinions, as well as the potential for an immediate appeal to materially advance the ultimate termination of litigation.

Contention

Notable points of contention surrounding SB1384 include concerns about whether allowing more permissive interlocutory appeals could lead to increased litigation costs and delays in the legal process. Opponents may argue that it could open the floodgates for appeals on issues that may be better suited for resolution at the conclusion of cases, potentially counteracting the intentions of efficiency and timely justice. Supporters, however, contend that the bill provides a valuable avenue for addressing pivotal legal questions that can ultimately shape the outcome of cases, thereby serving the interests of justice more effectively.