Does the Fifteenth Court of Appeals have statewide general civil intermediate appellate jurisdiction?

The Supreme Court of Texas considered two motions to transfer addressing the scope of the Fifteenth Court of Appeals' jurisdiction and issued a per curiam on March 14, 2025.

Cause No. 15-24-00115-CV, Devon Energy Production Company, L.P.; Devon Energy Corporation; BPX Operating Company; and BPX Production Company v. Robert Leon Oliver, et al. is an appeal of a DeWitt County final judgment awarding damages for unpaid oil royalties, interest, and attorneys’ fees over $1 million in damages on claims pertaining to an oil royalty dispute. Appellants filed in the Fifteenth Court of Appeals. Appellees filed a motion to transfer the appeal (under Tex. R. App. P. 27a) to the Thirteenth Court of Appeals on the ground that this Court does not have exclusive intermediate appellate jurisdiction over the appeal.

The Fifteenth Court of Appeals denied the motion with Justice Brister dissenting on the basis that he would grant the motion. The Fifteenth Court of Appeals requested the Thirteenth Court of Appeals file a letter with its position on the Fifteenth Court's decision. The Thirteenth Court disagreed with the Fifteenth Court's decision.

The Fifteenth Court submitted the transfer motion, along with the recommendations of the Thirteenth and Fifteenth Courts of Appeals, to the Supreme Court for consideration. The underlying appeal is abated at the Fifteenth Court of Appeals. For the submission, see below:

The same issue arises in Cause No. 15-24-00123-CV, Patrick Kelley and PMK Group, LLC v. Richard Homminga and Chippewa Construction Co., LLC. This case is an appeal a Galveston County final judgment awarding over $1 million in damages on claims pertaining to a construction dispute over alleged defective work on a single-family home. Appellants filed the appeal in the Fifteenth Court of Appeals, and appellees filed motion to transfer this appeal to the First or Fourteenth Court of Appeals.

The Fifteenth Court of Appeals denied the motion with Justice Brister dissenting. The Fifteenth Court of Appeals requested the First and the Fourteenth Courts of Appeals file a letter with their positions on the Fifteenth Court's decision. The First Court agrees with the Fifteenth Court's decision to deny the motion to transfer; the Fourteenth Court disagrees with the Fifteenth Court's decision.

The Fifteenth Court submitted the transfer motion, along with the recommendations of the Fifteenth, First, and Fourteenth Courts of Appeals, to the Supreme Court for consideration. The underlying appeal is abated at the Fifteenth Court of Appeals. For the submission, see below:

The Supreme Court of Texas issued a per curiam opinion addressing the jurisdiction of the Fifteenth Court of Appeals.

The Court analyzed Tex. Gov't Code Sections 22.201, 22.216, 22.220, 22.221, and 73.001 (amended in 2023 to create the Fifteenth Court) and held that a fair reading of the act is that the Legislature intended the Fifteenth Court to hear (1) appeals and writs within its exclusive jurisdiction, and (2) appeals transferred into the court by the Supreme Court to equalize the courts of appeals’ dockets. Because the appeals fall into neither category, they were improperly taken to the Fifteenth Court.