Remands and the 15th COA

To challenge a remand order by the new Business Court, the path to take is a mandamus petition rather than direct appeal, as recently confirmed by In re ETC Field Services LLC, from the 15th Court of Appeals on February 21:

ETC appealed the remand order to this Court. Tema moved to dismiss the appeal on the ground that it was not a final order and no statute authorized an interlocutory appeal.2 ETC defended the interlocutory appeal, but alternatively filed this original proceeding for mandamus relief if interlocutory appeal was unavailable. We hold today that no interlocutory appeal is available in these circumstances. … “But that of course does not preclude mandamus review.” “[T]he Legislature’s decision to forego interlocutory review of all pending cases in no way suggests it intended interlocutory review of none of them.” Accordingly, we turn to that issue in this opinion.

No. 15-24-00131-CV (15th Ct. App.) (citations and footnotes omitted).