E161 | Permissive Appeals, SCAC, and the Reality of Texas Rulemaking | Rich Phillips

By D. Todd Smith on February 12, 2026

In this episode, we examine Texas’s permissive appeals statute and the rulemaking process that shapes how it operates in practice. To guide the discussion, hosts Todd Smith and Jody Sanders welcome Rich Phillips of Holland & Knight, who serves on the Texas Supreme Court Advisory Committee and recently presented a paper on permissive appeals. Rich pulls back the curtain on how procedural rules are developed and revised, then walks through the statute’s requirements and explains why permissive appeals are so often denied. The conversation also explores how courts interpret key statutory terms, how courts of appeals exercise their discretion, and what practitioners can learn from recent decisions in permissive appeals.

References:

Richard B. Phillips, Jr., Permissive Interlocutory Appeals, in 39th Annual Advanced Civil Appellate Practice Course ch. 12 (State Bar of Tex. Sept. 4–5, 2025).

Slides from CLE presentation.

Updated chart on permissive appeal grant rates.

Listen to or watch the episode through the players below.