Can Granting of a New Trial Be Reviewed on Appeal In Texas ?
In Texas, in civil cases, the granting of a new trial cannot be reviewed on appeal, either from the order granting the new trial or from the final judgment. Cummins v. Paisan Constr. Co., 682 S.W.2d 235, 235-236 (Tex. 1984) (per curiam).
An appeal from the final judgment would not likely be efficacious, since any error in granting the new trial would ordinarily be harmless following a second trial.
The Legislature could provide for an interlocutory appeal from an order granting a new trial, and it did so in 1925. Act of Feb. 23, 1925, 39th Leg., R.S., ch. 18, A, 1925 Tex. Gen. Laws 45, codified as TEX. REV. CIV. STAT. ANN. art. 2249 (Vernon 1925).
But two years later it withdrew the provision, concluding that too many meritless appeals were being taken solely for delay. Act of Feb. 21, 1927, 40th Leg., R.S., ch. 52, 1, 1927 Tex. Gen. Laws 75.
In 1987 the Legislature provided for an appeal from an order granting a new trial in a criminal case, but no statute or rule provides for such an appeal in a civil case.