Opinion
07-23-00016-CV
03-21-2024
ISLANDER ESKIMO HUT, LLC, BRETT DAVIS, BLAISE DAVIS, AND BRYAN CLARK, APPELLANTS v. ESKIMO HUT WORLDWIDE, LTD, APPELLEE
On Appeal from the 47th District Court Randall County, Texas Trial Court No. 78113A, Honorable Dee Johnson, Presiding
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
ORDER DENYING PERMISSIVE APPEAL
PER CURIAM
Pending before this Court is the petition for interlocutory appeal filed by Petitioners, Islander Eskimo Hut, LLC, Brett Davis, Blaise Davis, and Bryan Clark ("Islander"), seeking permission to appeal an order denying partial summary judgment in Islander's favor. The issues presented for interlocutory review are as follows:
(A) Whether Section 109.53 of the Texas Alcoholic Beverage Code prohibits a franchisor from prohibiting a franchisee from selling an Alcoholic Beverage that contains unapproved ingredients: and
(B) Whether Section 109.53 applies to a Beer and Wine (BG) Permit issued by the Texas Alcoholic Beverage Commission?
In light of our recently issued opinion in Eskimo Hut Worldwide, LTD v. South Plains Sno, Inc., Brad Salley, and Kathy Salley, No. 07-22-00259-CV, 2024 Tex.App. LEXIS 1402 (Tex. App.-Amarillo, Feb. 26, 2024, no pet. h.) deciding these issues, we deny Islander's petition requesting this Court grant a permissive appeal of the trial court's order.