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CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE D. APPEALS

CHAPTER 51. APPEALS

SUBCHAPTER A. APPEALS FROM JUSTICE COURT

Sec. 51.001. APPEAL FROM JUSTICE COURT TO COUNTY OR DISTRICT

COURT. (a) In a case tried in justice court in which the

judgment or amount in controversy exceeds $250, exclusive of

costs, or in which the appeal is expressly provided by law, a

party to a final judgment may appeal to the county court.

(b) In a county in which the civil jurisdiction of the county

court has been transferred to the district court, a party to a

final judgment in a case covered by this section may appeal to

the district court.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

553, Sec. 2, eff. September 1, 2007.

Sec. 51.002. CERTIORARI FROM JUSTICE COURT. (a) After final

judgment in a case tried in justice court in which the judgment

or amount in controversy exceeds $250, exclusive of costs, a

person may remove the case from the justice court to the county

court by writ of certiorari.

(b) In a county in which the civil jurisdiction of the county

court has been transferred from the county court to the district

court, a person may remove a case covered by this section from

the justice court to the district court by writ of certiorari.

justice of the peace, the justice shall immediately make a

certified copy of the entries made on his docket and of the bill

of costs, as provided in cases of appeals, and shall immediately

send them and the original papers in the case to the clerk of the

county or district court, as appropriate.

(d) This section does not apply to a case of forcible entry and

detainer.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

553, Sec. 3, eff. September 1, 2007.

SUBCHAPTER B. APPEALS FROM COUNTY OR DISTRICT COURT

Sec. 51.011. APPEAL FROM COUNTY OR DISTRICT COURT AFTER

CERTIORARI FROM JUSTICE COURT. If a county or district court

hears a case on certiorari from a justice court, a person may

take an appeal or writ of error from the judgment of the county

or district court. The appeal or writ of error is subject to the

rules that apply in a case appealed from a justice court.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 51.012. APPEAL OR WRIT OF ERROR TO COURT OF APPEALS. In a

civil case in which the judgment or amount in controversy exceeds

$250, exclusive of interest and costs, a person may take an

appeal or writ of error to the court of appeals from a final

judgment of the district or county court.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1351, Sec. 1, eff. September 1, 2009.

Sec. 51.013. TIME FOR TAKING WRIT OF ERROR TO COURT OF APPEALS.

In a case in which a writ of error to the court of appeals is

allowed, the writ of error may be taken at any time within six

months after the date the final judgment is rendered.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) 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 in a suit brought

under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants or

overrules a motion to dissolve a temporary injunction as provided

by Chapter 65;

(5) denies a motion for summary judgment that is based on an

assertion of immunity by an individual who is an officer or

employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based in whole

or in part upon a claim against or defense by a member of the

electronic or print media, acting in such capacity, or a person

whose communication appears in or is published by the electronic

or print media, arising under the free speech or free press

clause of the First Amendment to the United States Constitution,

or Article I, Section 8, of the Texas Constitution, or Chapter

73;

(7) grants or denies the special appearance of a defendant under

Rule 120a, Texas Rules of Civil Procedure, except in a suit

brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a

governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion under

Section 74.351(b), except that an appeal may not be taken from an

order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section 74.351(l);

(11) denies a motion to dismiss filed under Section 90.007.

(b) An interlocutory appeal under Subsection (a), other than an

appeal under Subsection (a)(4), stays the commencement of a trial

in the trial court pending resolution of the appeal. An

interlocutory appeal under Subsection (a)(3), (5), or (8) also

stays all other proceedings in the trial court pending resolution

of that appeal.

appearance, or plea to the jurisdiction described by Subsection

(a)(5), (7), or (8) is not subject to the automatic stay under

Subsection (b) unless the motion, special appearance, or plea to

the jurisdiction is filed and requested for submission or hearing

before the trial court not later than the later of:

(1) a date set by the trial court in a scheduling order entered

under the Texas Rules of Civil Procedure; or

(2) the 180th day after the date the defendant files:

(A) the original answer;

(B) the first other responsive pleading to the plaintiff's

petition; or

new cause of action against the defendant and the defendant is

able to raise a defense to the new cause of action under

Subsection (a)(5), (7), or (8), the responsive pleading that

raises that defense.

(d) A district court, county court at law, or county court may

issue a written order for interlocutory appeal in a civil action

not otherwise appealable under this section if:

(1) the parties agree that the order involves a controlling

question of law as to which there is a substantial ground for

difference of opinion;

(2) an immediate appeal from the order may materially advance

the ultimate termination of the litigation; and

(3) the parties agree to the order.

(e) An appeal under Subsection (d) does not stay proceedings in

the trial court unless the parties agree and the trial court, the

court of appeals, or a judge of the court of appeals orders a

stay of the proceedings.

(f) Repealed by Acts 2005, 79th Leg., Ch. 1051, Sec. 2, eff.

June 18, 2005.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.10, eff. Sept.

1, 1987; Acts 1989, 71st Leg., ch. 915, Sec. 1, eff. June 14,

1989; Acts 1993, 73rd Leg., ch. 855, Sec. 1, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1296, Sec. 1, eff. June 20, 1997; Acts

2001, 77th Leg., ch. 1389, Sec. 1, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 204, Sec. 1.03, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

97, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1051, Sec. 1, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

1051, Sec. 2, eff. June 18, 2005.

Sec. 51.015. COSTS OF APPEAL. In the case of an appeal brought

pursuant to Section 51.014(6), if the order appealed from is

affirmed, the court of appeals shall order the appellant to pay

all costs and reasonable attorney fees of the appeal; otherwise,

each party shall be liable for and taxed its own costs of the

appeal.

Added by Acts 1993, 73rd Leg., ch. 855, Sec. 1, eff. Sept. 1,

1993.

Sec. 51.016. APPEAL ARISING UNDER FEDERAL ARBITRATION ACT. In a

matter subject to the Federal Arbitration Act (9 U.S.C. Section 1

et seq.), a person may take an appeal or writ of error to the

court of appeals from the judgment or interlocutory order of a

district court, county court at law, or county court under the

same circumstances that an appeal from a federal district court's

order or decision would be permitted by 9 U.S.C. Section 16.

Added by Acts 2009, 81st Leg., R.S., Ch.

820, Sec. 1, eff. September 1, 2009.