Use it or Lose it: By Choosing Not to Pursue A Statutory Interlocutory Appeal, Do You Waive Appellate Review after Final Judgment?

Appellate Advocate, Vol. 22, No. 134, Winter 2009

11 Pages Posted: 29 Aug 2010 Last revised: 22 Dec 2015

See all articles by McKay Cunningham

McKay Cunningham

Concordia University School of Law

Date Written: August 27, 2010

Abstract

Suppose you are considering whether to file an interlocutory appeal in Texas. There is a lot to consider: (1) what is the likelihood of success, (2) will it forestall or hasten final resolution, (3) will the underlying proceeding(s) be stayed, and (4) how might the appellate court’s ruling affect the rest of the case? To these considerations, add one more; if you choose to bypass interlocutory appeal, do you waive appellate review of the issue altogether? This paper dissects a recent Texas Supreme Court decision that suggests failure to pursue statutory interlocutory appeal results in waiver of that issue on final appeal.

Suggested Citation

Cunningham, McKay, Use it or Lose it: By Choosing Not to Pursue A Statutory Interlocutory Appeal, Do You Waive Appellate Review after Final Judgment? (August 27, 2010). Appellate Advocate, Vol. 22, No. 134, Winter 2009. Available at SSRN: https://ssrn.com/abstract=1666988

McKay Cunningham (Contact Author)

Concordia University School of Law ( email )

501 W. Front St
Boise, ID 83702
United States

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