HMR FUNDING LLC v. MELFORD ANKRUM AND BEST TRANSPORTATION SERVICES INC (2017)

MEMORANDUM OPINION

Appellant HMR Funding, LLC filed a petition for permissive interlocutory appeal seeking to reverse the trial court's June 13, 2017 order denying Appellant's motion to dismiss a third-party petition pursuant to Texas Rule of Civil Procedure 91a.

To be entitled to a permissive appeal from an interlocutory order that is not otherwise appealable, the requesting party must establish that the order “involves a controlling question of law as to which there is a substantial ground for difference of opinion” and allowing immediate appeal “may advance the ultimate termination of the litigation.” Tex. Civ. Prac. & Rem. Code § 51.014(d); see also Tex. R. App. P. 28.3. The petition fails to establish that the challenged order concerns a controlling question of law or that an immediate appeal may materially advance the ultimate termination of the litigation. See Tex. Civ. Prac. & Rem. Code § 51.014(d). Accordingly, we deny the petition and dismiss the appeal.

PER CURIAM