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

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Court of Appeals of Texas, Houston (14th Dist.).

HMR FUNDING LLC, Appellant v. MELFORD ANKRUM AND BEST TRANSPORTATION SERVICES, INC., Appellee

NO. 14-17-00702-CV

Decided: December 07, 2017

Panel consists of Justices Jamison, Busby, and Donovan.

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