Opinion
14-22-00334-CV
08-18-2022
DUKE INC., GENERAL CONTRACTORS, Appellant v. DENIS GARCIA FUENTES, INDIVIDUALLY; TANIA CONCEPCIONMEJIA MATUTE, INDIVIDUALLY, AND AS LEGAL GUARDIANS ANDAS NEXT FRIENDS OF ANGEL DE JESUS GARCIA MEJIA, CRISTALBELEN GARCIA MEJIA, AND CRISTY BELEN GARCIA MEJIA, Appellees
On Appeal from the 334th District Court Harris County, Texas Trial Court Cause No. 2017-11518.
Panel consists of Zimmerer, Spain, and Poissant Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant Duke Inc., General Contractors has filed a petition for permissive appeal seeking to challenge an interlocutory order denying its motion for summary judgment. 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. P. 28.3(e)(4).