Opinion
Appellate case number: 01-18-00536-CV
03-14-2019
StarNet Insurance Company v. RiceTec, Inc.
ORDER Trial court case number: 94416-CV Trial court: 239th District Court of Brazoria County, Texas
StarNet Insurance Company filed a petition for permissive appeal of the interlocutory "Order granting Plaintiff RiceTec, Inc.'s Amended Traditional Motion for Summary Judgment on the Duty to Defend and denying StarNet's Motion for Summary Judgment on the Duty to Defend." TEX. R. APP. P. 28.3(a). This Court's Order granted StarNet's unopposed motion to extend the time to file its petition and requested a response. See TEX. R. APP. P. 28.3(d), (f), (j). Ricetec filed a response stating that it is unopposed to the petition and, if granted, it will file a brief on the merits. See TEX. R. APP. P. 28.3(f).
The trial court's interlocutory order identified a controlling question of law that may materially advance the ultimate termination of the litigation and granted permission to appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West 2014); see also TEX. R. CIV. P. 168. Accordingly, after reviewing the petition, the Court GRANTS the petition. See TEX. R. APP. P. 28.3(e), (j), (k). StarNet is deemed to have filed a notice of appeal as of the date of this Order, this appeal is governed by the rules for accelerated appeals, and a separate notice of appeal need not be filed. See TEX. R. APP. P. 26.1(b), 28.3(k). The appellate records are due within 10 days of the date of this order. See TEX. R. APP. P. 35.1(b). The Clerk of this Court is instructed to file a copy of this order with the district clerk. See TEX. R. APP. P. 28.3(k).
It is so ORDERED. Judge's signature: /s/ Justice Evelyn V. Keyes
x Acting for the Court Panel consists of Justices Keyes, Higley, Landau. Date: March 14, 2019