Statewide But Exclusive: The Texas Supreme Court Clarifies Jurisdiction of the Newly Established Fifteenth Court of Appeals

Summary

The Texas Supreme Court recently issued an important decision in Kelley v. Homminga regarding the jurisdiction of the Fifteenth District Court of Appeals (the Fifteenth Court).¹ Under the Texas Government Code, the Fifteenth Court — which was established last year — has statewide jurisdiction but also “exclusive” jurisdiction over particular categories of cases, including appeals involving the state government and appeals from the newly created Texas Business Court. In Kelley, the Fifteenth Court ruled that its jurisdiction extends to essentially all civil appeals in Texas. The Texas Supreme Court reversed, holding that the Fifteenth Court’s jurisdiction is limited to the categories of its exclusive jurisdiction set out under the Texas Government Code, and interpreted the court’s statewide jurisdiction as merely giving it statewide authority over appeals within the exclusive categories. This decision significantly limits the scope of cases that may be heard in the Fifteenth Court and confirms that most appeals in Texas will go to the applicable regional courts of appeals.

The Fifteenth Court of Appeals

The Fifteenth Court of Appeals was created in September of 2024 as part of a reorganization of the Texas court system in which the legislature established both the Fifteenth Court and the Texas Business Court, which is a specialized trial court for certain complex or commercial cases.²

The Fifteenth Court is established, and its jurisdiction is controlled, by Chapter 22 of the Texas Government Code. Under Chapter 22, each appellate court in Texas, including the Fifteenth Court, “has appellate jurisdiction of all civil cases within its district[.]”³ The geographic districts for the fourteen regional appellate courts are limited to specific counties.⁴ The Fifteenth Court’s district, “is composed of all counties in this state.”⁵ That grant of jurisdiction, however, is subject to an exception provided by Subsection (d) of Section 22.220 — which provides for “exclusive intermediate appellate jurisdiction” of the Fifteenth Court over specified categories of cases.⁶

The categories of cases within the Fifteenth Court’s exclusive appellate jurisdiction include (1) certain cases, subject to exceptions, brought by or against the state, state agencies, state universities, and state employees in their official capacities;⁷ (2) cases involving challenges to state statutes or regulations in which the state attorney general is a party;⁸ and (3) “other matters provided by law,”⁹ which are presently limited to appeals from the Texas Business Court.¹⁰

The Fifteenth Court’s Decision

In Kelley, there was no dispute that the appeals at issue were outside the Fifteenth Court’s exclusive jurisdiction, yet the appellants asserted jurisdiction under Chapter 22’s provisions establishing the Fifteenth Court’s statewide jurisdiction.¹¹ The appellees moved for transfer to the applicable regional appellate court.¹² The Fifteenth Court denied the transfer by a 2-1 vote, essentially agreeing with the appellants and concluding that “civil appeals falling outside this Court’s exclusive jurisdiction are not categorically unsuitable for resolution by our Court.”¹³

The Texas Supreme Court’s Decision

The Texas Supreme Court reversed. In a per curiam opinion, the Texas Supreme Court held “the Fifteenth Court has jurisdiction over civil cases appealed from every county,” which “ensures that all Texas voters have a say in electing the justices who decide cases affecting the state’s interests and that cases can be transferred into the Fifteenth Court to equalize its docket.”¹⁴ “But this jurisdictional premise alone,” the court explained, “does not establish that the Legislature intended to grant every civil appellant the option of litigating in the Fifteenth Court.”¹⁵ Under the Fifteenth Court’s interpretation, the “Legislature’s design for all fifteen courts of appeals would collapse[,]” because it would allow every civil appeal to be taken to the Fifteenth Court, rendering it unable to give “special attention” to the cases that the legislature has defined as critical to the state’s interests.¹⁶

Accordingly, the Fifteenth Court may hear “(1) appeals and writs within its exclusive intermediate appellate jurisdiction, and (2) appeals that [the Texas Supreme Court] transfer[s] into the court for docket-equalization purposes.”¹⁷

Key Takeaways

The decision in Kelley will limit the forum available to appellants in most civil cases to the regional courts of appeals. In commercial cases, litigants seeking to invoke — or to avoid — the Fifteenth Court’s jurisdiction should pay close attention to whether the case falls within the jurisdiction of the Texas Business Court.¹⁸ If it does, the case should be either filed in, or removed to, the Texas Business Court if a litigant wants to avail itself of appellate review in the Fifteenth Court.

Kelley also suggests a restrictive approach by the Texas Supreme Court regarding the Fifteenth Court’s jurisdiction. The Texas Supreme Court, like the Fifteenth Court, has statewide jurisdiction; but, as a court of last resort, it cannot hear all cases and must leave intact most intermediate appellate decisions. A Fifteenth Court with jurisdiction over all civil appeals in Texas would become a super appellate court with outsized influence — a role the Texas Supreme Court may be unwilling to confer lightly.

Finally, Kelley raises questions regarding the Texas Supreme Court’s power to transfer cases to the Fifteenth Court “for docket-equalization purposes.”¹⁹ Cases transferred to the Fifteenth Court in this manner need not fall within the exclusive jurisdiction categories.²⁰ Thus, it remains to be seen what types of cases will be transferred to the Fifteenth Court for this purpose, as compared to other appellate courts. Notably, the Texas Supreme Court’s procedures for transferring cases between appellate courts have minimal criteria for deciding specifically which cases will be transferred and to where.²¹

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.