After reviewing the record, the appellate court rejected an interlocutory appeal asking it to determine if restitution payments are uninsurable under Texas law because in the trial court the appellee had asked for a declaration that 1) the payments were not restitutionary in nature; and 2) that restitutionary payments were insurable under Texas law and when the trial court ruled in appellee's favor it had not specified its grounds and therefore, it was unclear to the appellate court if a controlling issue of law was at stake.
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