Colonial County Mutual Insurance Co. v. Amaya
372 S.W.3d 308
Tex. App.2012Background
- Agreed interlocutory appeal from an order denying a motion for summary judgment under former §51.014(d).
- Appeal dismissed for want of jurisdiction because the trial court did not decide the controlling legal question.
- Amaya, permissive driver for Colonial-insured vehicle, sought PIP coverage and pursued extracontractual claims.
- Colonial denied PIP coverage and moved for traditional and no-evidence summary judgment
- Record shows amended petitions were superseded and later reinstated; the trial court did not issue a substantive ruling on the controlling issue
- Court concludes any opinion would be advisory due to lack of a ruling on the controlling legal question, thus dismissal is proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agreed interlocutory appeal was proper. | Amaya | Colonial | No; insufficient ruling on controlling issue; advisory result; dismissal. |
| Whether the trial court ruled on the controlling legal question. | Amaya | Colonial | No; no substantive ruling on the controlling legal question; jurisdiction lacking. |
Key Cases Cited
- Gulley v. State Farm Lloyds, 350 S.W.3d 204 (Tex.App.-San Antonio 2011) (agreed interlocutory appeal not used to certify a legal question; trial court must rule on the legal issue)
- State Fair of Tex. v. Iron Mountain Info. Mgmt., Inc., 299 S.W.3d 261 (Tex.App.-Dallas 2009) (discusses limits of §51.014(d) jurisdiction for agreed appeals)