Texas Appellate Law Podcast Permissive Appeals, SCAC, and the Reality of Texas Rulemaking | Rich Phillips
Feb 12, 2026
Rich Phillips, appellate lawyer at Holland & Knight and member of the Texas Supreme Court Advisory Committee, discusses permissive appeals and Texas rulemaking. He explains how procedural rules are developed and revised. The conversation covers why permissive appeals are often denied, how courts interpret statutory terms, and practical timing and filing pitfalls practitioners face.
AI Snips
Chapters
Transcript
Episode notes
Permissive Appeals Are Still Discretionary
- Permissive interlocutory appeals have shifted through statute and rule changes and remain discretionary for courts of appeals.
- The 2011 changes moved Texas closer to the federal model but left courts of appeals with final discretion to accept or deny.
Denials Needed Better Explanations
- Courts of appeals were denying permissive appeals with boilerplate short orders, prompting calls for explanation.
- Industrial Specialists and subsequent action pushed for courts to provide reasons to aid legal development.
Structure Petitions Around The Three Prongs
- Frame permissive-appeal petitions around the statute's three prongs: controlling question of law, substantial ground for difference of opinion, and material advancement of litigation.
- Use authorities and splits to show substantial difference and explain how an immediate decision will materially advance the case.