Blakenergy, Ltd. v. Oncor Elec. Delivery Co.

Full title: BLAKENERGY, LTD., A TEXAS LIMITED PARTNERSHIP APPELLANT v. ONCOR ELECTRIC…

Court: COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Sep 25, 2014

NO. 02-14-00241-CV (Tex. App. Sep. 25, 2014)

Opinion

NO. 02-14-00241-CV

09-25-2014

BLAKENERGY, LTD., A TEXAS LIMITED PARTNERSHIP APPELLANT v. ONCOR ELECTRIC DELIVERY COMPANY, LLC APPELLEE

PER CURIAM

FROM THE 97TH DISTRICT COURT OF CLAY COUNTY
TRIAL COURT NO. 2012-0033C-CV
MEMORANDUM OPINION¹

1 See Tex. R. App. P. 47.4.

Blakenergy, Ltd., a Texas Limited Partnership, has filed a petition for permissive appeal asking this court to review interlocutory orders of the trial court regarding Blakenergy's expert witness Steve D. Goolsby and the related denials of Blakenergy's motion for continuance and motion to reconsider. We have considered the petition, response, and reply. Given the requirement that we construe section 51.014 strictly,² we decline to entertain this appeal, and we hereby dismiss it.³

2 See Rogers v. Orr, 408 S.W.3d 640, 642 (Tex. App.—Fort Worth 2013, pet. denied) ("We strictly construe a statute authorizing an interlocutory appeal because it is an exception to the general rule that only final judgments are appealable.").

3 See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d)-(f) (West Supp. 2014); Tex. R. App. P. 43.2(f).
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PER CURIAM PANEL: DAUPHINOT, GARDNER, and GABRIEL, JJ. DELIVERED: September 25, 2014