Opinion
NO. 01-19-00090-CV
05-02-2019
THIEN NGUYEN, D.O., Appellant v. LARRY GARZA, Appellee
On Appeal from the 11th District Court Harris County, Texas
Trial Court Case No. 2017-75804
MEMORANDUM OPINION
Appellant, Thien Nguyen, D.O., has filed a petition for a permissive appeal, seeking to challenge an interlocutory order denying his motion for summary judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d), (f); TEX. R. APP. P. 28.3. We deny the petition.
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; TEX. R. CIV. P. 168; see also Orion Marine Constr., Inc. v. Cepeda, No. 01-18-00323-CV, 2018 WL 3059756, at *1 (Tex. App.—Houston [1st Dist.] June 21, 2018, no pet.) (mem. op.) ("Because a permissive interlocutory appeal is not the norm, we strictly construe Section 51.014(d)'s requirements."). Because we conclude that Nguyen's petition fails to establish each requirement, we deny the petition.
PER CURIAM Panel consists of Justices Lloyd, Kelly, and Hightower.