LYMAN REED AND LYMAN REED FAMILY LIMITED PARTNERSHIP v. BYRON DAVIS AND BHD LAND INC (2017)

MEMORANDUM OPINION

Appellants, Lyman S. Reed and Lyman S. Reed Family Limited Partnership, have filed a petition for permissive appeal seeking to challenge an interlocutory order granting a motion for partial summary judgment in favor of appellees, Byron H. Davis and BHD Land, Inc. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2016); TEX. R. APP. P. 28.3. To be entitled to a permissive appeal from an interlocutory order that would not otherwise be appealable, the requesting party must establish that (1) the order to be appealed involves a “controlling question of law as to which there is a substantial ground for difference of opinion” and (2) an immediate appeal from the order “may materially advance the ultimate termination of the litigation.” TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); see TEX. R. APP. P. 28.3(e)(4); TEX. R. CIV. P. 168. The petition fails to establish that the order involves a controlling question of law as to which there is a substantial ground for a difference of opinion and an immediate appeal from the order may materially advance the ultimate termination of the litigation. See TEX. R. APP. P. 28.3(e)(4). Accordingly, we deny the petition for permissive appeal.

PER CURIAM