law-ILA-special-appearance | interlocutory appeals (ILA) | arbitration and interlocutory appeals | finality of order appealed
from | Interlocutory Appeals Case Law from Houston Courts of Appeals interlocutory appeal from order denying special-
appearance | interlocutory appeals (ILA) | arbitration and interlocutory appeals | finality of order appealed from | interlocutory
review of rulings on governmental unit's plea to the jurisdiction | accelerated interlocutory appeals from temporary injunction
orders (grant or denial) | permissive-interlocutory-appeal | no final judgment | dismissal of appeal for want of jurisdiction |
APPEAL FROM ORDER DENYING SPECIAL APPEARANCE AUTHORIZED
AUTHORITY FOR INTERLOCUTORY APPEAL: Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon
2008) (providing that parties may challenge trial court's orders regarding special appearances by interlocutory
appeal).
Special appearances are governed by Rule 120a of the Texas Rules of Civil Procedure, which provides that "a
special appearance may be made by any party . . . for the purpose of objecting to the jurisdiction of the court
over the person or property of the defendant on the ground that such party or property is not amenable to
process by the courts of this State." Tex. R. Civ. P. 120a. The existence of personal jurisdiction is a question of
law reviewed de novo by this Court. BMC Software Belg., N.V. v. Marchand, 83 S.W.3d 789, 794 (Tex. 2002).
However, this question must sometimes be preceded by resolving underlying factual disputes. Id. When, as
here, the trial court does not issue fact findings, we presume that the trial court resolved all factual disputes in
favor of its ruling. Am. Type Culture Collection, Inc. v. Coleman, 83 S.W.3d 801, 806 (Tex. 2002).
Gonzalez v. AAG-Law Vegas, LLC (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Op. on Rehearing by Davie L.
Wilson) (accelerated, interlocutory appeal challenging denial of special appearance, minimum contacts
analysis) (court of appeals renders judgment sustaining the special appearance) (no personal jurisdiction)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Judge Davie L. Wilson
Before Judge Wilson, Justices Alcala and Hanks
01-08-00377-CV David M. Gonzales v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P., KW#1
Acquisition Company, L.L.C.
Appeal from 189th District Court of Harris County
Trial Court Judge: Hon. William R. Burke. Jr.
SPECIAL APPEARANCE CASES FROM THE HOUSTON COURTS OF APPEALS
Citrin Holdings, LLC v. Minnis (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Boyce)
(denial of special appearance affirmed in interlocutory appeal)
Appellants Jacob Citrin, Citrin Holdings LLC, Cargo Investors LLC, and Cargo Investors II LLC challenge the
trial court’s order denying their special appearances. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7)
(Vernon 2008). We affirm.
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-09-00186-CV Citrin Holdings, LLC, Jacob Citrin, Cargo Investors LLC, and Cargo Investors II LLC
v. Matthew Minnis and Cullen 130, LLC
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel McFarland
Cobbs v. Stern, Miller & Higdon (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Alcala)
(denial of special appearance reversed in interlocutory appeal, attorney-client disputes and litigation,
void or voidable contract, solicitation of clients contingency fee agreement as against public policy, affidavit
testimony by interested witness, interlocutory appeal-special appearance)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-09-00112-CV John L. Cobbs v. Stern, Miller & Higdon
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Michael Engelhart
FAMILY LAW CASE EXCEPTION TO APPEALABILITY IN INTERLOCUTORY APPEAL
In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya (Tex.App.- Houston [14th Dist.] Jul. 2,
2009)(per curiam dismissal)(no interlocutory appeal of denial of special appearance in family law case)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00481-CV In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya
Appeal from 257th District Court of Harris County
Trial Court Judge: Judge Judy L. Warne
Davis Investments, VI, LP v. Holtgraves (Tex.App. - Houston [14th Dist.] Feb. 26, 2009, pet. denied July 2009)
(Frost) (interlocutory appeal and cross-appeal, orders sustaining special appearances)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Anderson, Hudson and Frost)
14-08-00222-CV Davis Investments, VI, LP v. Charles A. Holtgraves, Larry J. Horbach, and Phillip J.
Holtgraves--Appeal from 152nd District Court of Harris County
Trial Court Judge: Kenneth Price Wise
In re Lamar (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam denial,
interlocutory appeal available, special appearance)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Jennings and Bland
01-08-00384-CV In re John and Nanci Lamar
Appeal from 215th District Court of Harris County, Texas, the Hon. Levi Benton
Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges)
(cases with dissents and/or concurrences)(accelerated appeal, special appearance denied, personal
jurisdiction, individual liability of corporate officer based on Texas Trust Fund Act )
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Frost
14-07-00270-CV Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc.
Appeal from 125th District Court of Harris County
Trial Court Judge: John A. Coselli
Dissenting Opinion by Justice Frost
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