Opinion
14-23-00366-CV
08-17-2023
CINDY NICHOLE KROTH AND BENJAMIN J. CORBIN, Appellants v. THE COMMONS OF LAKE HOUSTON PROPERTY OWNERS ASSOCIATION, INC., Appellee
On Appeal from the 127th District Court Harris County, Texas Trial Court Cause No. 2022-70631
Panel consists of Justices Wise, Bourliot, and Spain.
MEMORANDUM OPINION
PER CURIAM
Appellants petition this court to allow a permissive interlocutory appeal of the trial court's May 8, 2023 order granting defendant's traditional motion for partial summary judgment and denying plaintiffs' traditional motion for partial summary judgment.
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 also Tex.R.App.P. 28.3(a), (e)(4); Tex.R.Civ.P. 168. After reviewing the petition and the record, we conclude that the petition does not meet the requirements for a permissive interlocutory appeal.
Accordingly, we deny the petition for a permissive interlocutory appeal.