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No Longer Frozen: The Supreme Court of Texas adopts recommendation of 4th Court Staff Attorney to &#


In the Spring/Summer ’18 issue of the Appellate Advocate, Staff Attorney Michael J. Ritter published an article in the Appellate Advocate, “Let It Go: Has Texas Actually Disposed of the Final Judgment Rule as the ‘General’ Rule?” Relying heavily on the inspiration of Queen Elsa of Arendelle, Michael “argue[d]…the final judgment rule is no longer properly considered the general rule” because “the exceptions have swallowed the general rule.” 30 App. Advoc. 227, 229 (2018). “To those responsible for…jurisprudence relating to the final judgment rule…we should no longer describe the final judgment rule as the ‘general’ rule.” Id. at 239.

Earlier this year, the Supreme Court of Texas “Let it Go” in Dallas Symphony Association, Inc. v. Reyes: “[W]e [have] said…the general rule [is] that only final judgments and orders are appealable. That may have been the general rule once upon a time…. Now, the statute—in four times as many words—allows interlocutory appeals in broad types of cases. Additionally, [a permissive] interlocutory appeal can be taken from any order… Limiting appeals to final judgments can no longer be said to be the general rule.” 571 S.W.3d 753, 758–59 (Tex. 2019) (footnotes and quotation marks omitted).

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