Tom Matis and Gary Sorensen v. Mark Golden, Brian Kosoglow and Jonathan Deming--Appeal from 361st District Court of Brazos County

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