By the Sea Council of Co-Owners, Inc. v. Tex. Windstorm Ins. Ass'n

Full title: BY THE SEA COUNCIL OF CO-OWNERS, INC., Appellant v. TEXAS WINDSTORM…

Court: Court of Appeals For The First District of Texas

Date published: Jul 23, 2019

NO. 01-19-00415-CV (Tex. App. Jul. 23, 2019)

Opinion

NO. 01-19-00415-CV

07-23-2019

BY THE SEA COUNCIL OF CO-OWNERS, INC., Appellant v. TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellee

PER CURIAM

On Appeal from the 10th District Court Galveston County, Texas
Trial Court Case No. 18-CV-0529

MEMORANDUM OPINION

Appellant filed an unopposed petition for permissive appeal, seeking to challenge the trial court's grant of appellee's plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE § 51.014(d), (f); TEX. R. APP. P. 28.3. To be entitled to a permissive appeal from an interlocutory order not otherwise appealable, the petitioner must establish that (1) the order appealed involves "a controlling question of law as to which there is a substantial ground for difference of opinion," and (2) immediate appeal from the order "may materially advance the ultimate termination of the litigation." TEX. CIV. PRAC. & REM. CODE § 51.014(d); TEX. R. APP. P. 28.3(e)(4).

Because we conclude that the petition fails to establish both requirements, we deny the petition for permissive appeal. See TEX. R. APP. P. 28.3(e)(4). We deny all other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Hightower.