IN THE
TENTH COURT OF APPEALS
No. 10-05-00311-CV
Tom Matis and Gary Sorenson,
Appellants
v.
Mark Golden, Brian Kosoglow
and Jonathan Deming,
Appellees
From the 361st District Court
Brazos County, Texas
Trial Court No. 02-002559-CV-361
CONCURRING Opinion
I cannot let the importance of the dismissal of the first issue go in the understated manner of the majority opinion. The importance of that holding is that if a 120a special appearance motion is denied, the exclusive remedy is by an immediate accelerated appeal of the interlocutory order under Texas Civil Practice and Remedies Code section 51.014(a)(7). Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon Supp. 2006). That holding means the losing party cannot wait until the end of the proceeding and then appeal the denial of the special appearance, but must instead comply with the requisites of timely filing a notice of appeal for the accelerated appeal. See Tex. R. App. P. 26.1(b), 28.1.
TOM GRAY
Chief Justice
Concurring opinion delivered and filed May 16, 2007