Opinion
04-24-00383-CV
11-05-2024
SAN MIGUEL ELECTRIC COOPERATIVE, INC., Appellant v. Lee Franklin LIVELY, Arthur Wayne Swaim, Robert Murray Swaim, Bobbie Swaim, Rodney and Bobbie Swaim Family Limited Partnership & Shorty Investments, Ltd., Appellees
From the 156th Judicial District Court, McMullen County, Texas Trial Court No. M-22-0027-CV-B Honorable Janna K. Whatley, Judge Presiding
ORDER
Lori Massey Brissette, Justice
San Miguel Electric Cooperative, Inc. (SMEC) petitions this court for permission to appeal the trial court's May 16, 2024 order denying its motion for summary judgment. SMEC asserts, and the trial court agreed, that the order involves a controlling question of law, the resolution of which will materially advance the ultimate termination of litigation. See Tex. Civ. Prac. & Rem. Code Ann. § 51.104(d); Tex.R.App.P. 28.3; Tex.R.Civ.P. 168. Respondents agree that the issue is ripe for a permissive appeal.
SMEC's petition is granted. See Tex. Civ. Prac. & Rem. Code Ann. § 51.104(d); Tex.R.App.P. 28.3. Accordingly, SMEC may immediately appeal the trial court's May 16, 2024 order. SMEC's petition serves as its notice of appeal, and its notice is deemed timely filed on the date of this order. This appeal will proceed as an accelerated appeal. See Tex. R. App. P. 28.3(k).
The clerk's and reporter's records are due ten days after the date of this order. See Tex. R. App. P. 35.1(b). SMEC must promptly designate and pay, or make arrangements to pay, the fees for preparation of the records. See id. R. 35.3(a)(2), (b)(2), (b)(3).
We direct the clerk of this court to file a copy of this order with the McMullen County District Clerk. See id. R. 28.3(k).