Tex. R. App. P. 28.3

(a) Petition Required. When a trial court has

permitted an appeal from an interlocutory

order that would not otherwise be appealable,

a party seeking to appeal must petition the

court of appeals for permission to appeal.

(b) Where Filed. The petition must be filed with

the clerk of the court of appeals having

appellate jurisdiction over the action in which

the order to be appealed is issued. The First

and Fourteenth Courts of Appeals must

determine in which of those two courts a

petition will be filed.

(c) When Filed. The petition must be filed

within 15 days after the order to be appealed

is signed. If the order is amended by the trial

court, either on its own or in response to a

party’s motion, to include the court’s

permission to appeal, the time to petition the

court of appeals runs from the date the

amended order is signed.

(d) Extension of Time to File Petition. The court

of appeals may extend the time to file the

petition if the party:

(1) files the petition within 15 days after the

deadline, and

(2) files a motion complying with Rule

10.5(b).

(e) Contents. The petition must:

(1) contain the information required by Rule

25.1(d) to be included in a notice of

appeal;

(2) attach:

(A) a copy of the order from which

appeal is sought;

(B) a copy of every file-marked

document that is material to the

order from which appeal is sought

and that was filed in the trial court;

and

(C) a properly authenticated transcript

of any relevant testimony from the

underlying proceeding, including

any relevant exhibits offered in

evidence relating to the order from

which appeal is sought; a statement

that the transcript has been ordered

and will be filed when it is received;

or a statement that no evidence was

adduced in connection with such

order.

(3) contain a table of contents, index of

authorities, issues presented, and a

statement of facts; and

(4) argue clearly and concisely why the

order to be appealed involves a

controlling question of law as to which

there is a substantial ground for

difference of opinion and how an

immediate appeal from the order may

materially advance the ultimate

termination of the litigation.

(f) Response; Reply; Cross- Petition; Time for

Filing. If any party timely files a petition,

any other party may file a response or a cross-petition within 10 days. A party may file a

response to a cross-petition within 10 days of

the date the cross-petition is filed. A

petitioner or cross-petitioner may reply to

any matter in a response within 7 days of the

date the response is filed. The court of

appeals may extend the time to file a

response, reply, and cross-petition.

(g) Length of Petition, Cross-Petition, Response,

and Reply. A petition, cross-petition,

response, and reply must comply with the

length limitations in Rule 9.4(i)(2)( E) and

(H).

(h) Service. A petition, cross-petition, response,

and reply must be served on all parties to the

trial court proceeding.

(i) Docketing Statement. Upon filing the

petition, the petitioner must file the docketing

statement required by Rule 32.1.

(j) Time for Determination. Unless the court of

appeals orders otherwise, a petition, and any

cross-petition, response, and reply, will be

determined without oral argument, no earlier

than 10 days after the petition is filed.

(k) When Petition Granted. If the petition is

granted, a notice of appeal is deemed to have

been filed under Rule 26.1(b) on that date,

and the appeal is governed by the rules for

accelerated appeals. A separate notice of

appeal need not be filed. A copy of the order

granting the petition must be filed with the

trial court clerk.

(l) When Petition Denied. If the court of appeals

denies the petition, the court must explain in

its decision the specific reasons for its finding

that an appeal is not warranted. On petition

for review, the Supreme Court may review

the court of appeals’ denial de novo, and, if

the Supreme Court concludes that the

statutory prerequisites for a permissive

appeal are met, the Supreme Court may direct

the court of appeals to grant permission to

appeal.