State Farm Lloyds v. Dora Gulley
2012 Tex. App. LEXIS 7515
| Tex. App. | 2012Background
- Gulley has homeowner’s insurance with State Farm since 1996; 2007 claim for foundation damage due to plumbing leak; State Farm paid under Dwelling Foundation Endorsement with 15% cap; Gulley later sued for additional benefits under Water Damage Endorsement; cross-motions for summary judgment; trial court denied motions and set trial; parties agreed to seek an interlocutory appeal under Rule 11, but dispute arose over scope and whether the court accepted the first appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction over the second agreed interlocutory appeal. | Gulley did not agree to a second appeal. | State Farm argues Rule 11 agreement covers pursuit of the controlling question of law. | No jurisdiction; dismissal. |
Key Cases Cited
- State Fair of Tex. v. Iron Mountain Info. Mgmt., Inc., 299 S.W.3d 261 (Tex. App.—Dallas 2009) (interlocutory appeals limited by statute)
- Gross v. Innes, 988 S.W.2d 727 (Tex. 1998) (strictly construed interlocutory-appeal statutes)
- Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266 (Tex. 1992) (strict scrutiny of interlocutory-appeal authority)
- W. Dow Hamm III Corp. v. Millennium Income Fund, L.L.C., 237 S.W.3d 745 (Tex. App.—Houston [1st Dist.] 2007) (statutory authorization of interlocutory appeals)