Narrative Opinion Summary
In this case before the Court of Appeals for the Second Appellate District of Texas, the appellants, Texas Health entities, sought a permissive interlocutory appeal against Celtic Insurance Company. The primary legal issue centered on whether the appellants had independent standing to assert a claim under Chapter 541 of the Texas Insurance Code. The trial court deemed the issue hypothetical and not a controlling question of law, as the claim was pleaded as an assignment rather than an independent claim by the appellants. Citing prior rulings, the appellate court affirmed its lack of jurisdiction to issue advisory opinions on hypothetical matters, resulting in the denial of the appellants' petition for a permissive interlocutory appeal. Chief Justice Bonnie Sudderth delivered the opinion on August 8, 2022, concluding that the court could not entertain the appeal due to the absence of a concrete legal question warranting jurisdictional consideration.
Legal Issues Addressed
Advisory Opinionssubscribe to see similar legal issues
Application: The court highlighted that it does not have jurisdiction to issue advisory opinions on hypothetical issues.
Reasoning: Consequently, the court found that the issue presented was hypothetical and not a 'controlling question of law,' as defined by Texas law.
Jurisdictional Standingsubscribe to see similar legal issues
Application: The court analyzed whether the appellants had independent standing to bring a claim under Chapter 541 of the Texas Insurance Code.
Reasoning: The trial court had identified the issue as whether the appellants possess independent standing to bring a claim under Chapter 541 of the Texas Insurance Code.
Permissive Interlocutory Appealsubscribe to see similar legal issues
Application: The court denied the appellants’ petition for a permissive interlocutory appeal due to lack of jurisdiction.
Reasoning: The court cited previous rulings that clarify they lack jurisdiction to issue advisory opinions, leading to a denial of the appellants’ petition for permissive interlocutory appeal due to lack of jurisdiction.