Fifteenth Court of Appeals Decision – October 9, 2025

No. 15-25-00003-CV  Lone Star NGL Product Services LLC, etc. v. Eagleclaw Midstream Ventures LLC, et al.

[Field, Author, with Chief Justice Brister and Justice Field]

Jurisdiction. In an opinion dated December 20, 2024, the Business Court concluded it lacked jurisdiction over this case, where the parties had executed a post-September 1, 2024 written agreement that the Court had jurisdiction (and the case otherwise the Court’s jurisdictional requirements) because suit had been commenced before September 1, 2024. The parties took a joint permissive appeal to the Fifteenth Court of Appeals, challenging the remand order;  on July 31, 2025, the Fifteenth Court of Appeals concluded that in light of the amendments in House Bill 40, Section 8 of the Act that created the Business Court in 2023 (House Bill 19) was not a jurisdiction limitation when the parties agree to remove a civil action commenced before September 1, 2024, and the case otherwise meets the Business Court’s jurisdictional requirement. The Fifteenth Court of Appeals abated this case and remanded the matter to the Business Court to let it determine whether to grant permission to proceed under Section 25A.021 of the Texas Government Code. The Business Court granted the request to proceed in light of Section 25A.021, and the Court of Appeals now reinstates the appeal, vacates the Business Court’s remand order, and remands the case to the Business Court for further proceedings.