Opinion
No. 05-16-00047-CV
02-18-2016
On Appeal from the 44th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-01012
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Justice Stoddart
John Stancu, appearing pro se, has filed a petition for permissive interlocutory appeal seeking review of an order granting appellee's motion for partial summary judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West 2015); TEX. R. APP. P. 28.3. We may accept an interlocutory appeal if (1) the trial court, by written order, permits the appeal; (2) the order being appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion, and (3) an immediate appeal from the order could materially advance the ultimate termination of the litigation. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d),(f); TEX. R. APP. P. 28.3(a),(e). The order appellant seeks permission to appeal does not reflect the trial court granted permission to appeal. Accordingly, we deny the petition and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); TEX. R. APP. P. 28.3(j), 43.2(f).
/Craig Stoddart/
craig stoddart
JUSTICE 160047F.P05
JUDGMENT
On Appeal from the 44th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-15-01012.
Opinion delivered by Justice Stoddart. Chief Justice Wright and Justice Lang-Miers participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER appellee Pace Realty Corporation recover its costs, if any, of this appeal from appellant John Stancu. Judgment entered this 18th day of February, 2016.