INDUSTRIAL SPECIALISTS LLC v. BLANCHARD REFINING COMPANY LLC LP (2019)

MEMORANDUM OPINION

Appellant, Industrial Specialists, LLC, has filed a petition for permissive appeal seeking to challenge an interlocutory order denying a motion for partial summary judgment in favor of appellees, Blanchard Refining Company LLC and Marathon Petroleum Company LP. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d); 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. Because we conclude that the petition fails to establish each requirement of Rule 28.3(3)(e)(4), we deny the petition for permissive appeal. See Tex. R. App. 28.3(e)(4).

PER CURIAM