What is a “permissive appeal”?

If a party wishes to appeal an interlocutory order and that appeal is not generally permitted by statute, the party may seek to file a “permissive appeal,” but only if the trial court has signed an order granting permission. If the trial court grants permission, the party wishing to appeal must file a petition seeking permission from the court of appeals. See Texas Rule of Appellate Procedure 28.3. The deadline to file the petition seeking permission from the court of appeals is generally fifteen days after the trial court signed the order which the party seeks to appeal (which may or may not be the same date that the trial court granted permission). See Texas Rule of Appellate Procedure 28.3(c). If the court of appeals grants permission, a notice of appeal is deemed to have been filed on the date that the court of appeals granted permission to appeal, and the appeal is governed by the rules governing accelerated appeals. See Texas Rule of Appellate Procedure 28.3(k).

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