Helping Trial Lawyers Navigate the Appellate System

No Jurisdiction Over Attempted Appeal From Class Action Orders

In Rainbow Group, Ltd. v. Wagoner, the Third Court of Appeals has dismissed a class action defendant’s interlocutory appeal from an order denying its motion to decertify the class and an order granting the plaintiffs’ motion to amend the certification.  The court of appeals held that it lacked jurisdiction becausethe first order was not subject to an interlocutory appeal and because the defendant failed to timely file a notice of appeal from the second order.

Disputing discusses the case here.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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