Opinion
No. 05-17-00102-CV
03-16-2017
TOTAL HIGHWAY MAINTENANCE, LLC, Appellant v. OMAYRA SIXTOS, INDIVIDUALLY, AS NEXT FRIEND OF D.S., R.S., AND I.S., MINOR CHILDREN, AND AS REPRESENTATIVE OF THE ESTATE OF CAMERINO SIXTOS, AND JONATHAN SIXTOS, AN ADULT CHILD, Appellees
On Appeal from the 44th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-09614
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Seeking to appeal the trial court's interlocutory order granting appellees' motion for partial summary judgment holding that section 41.005 of the civil practice and remedies code does not bar appellees' claim for exemplary damages, appellant has filed a petition for permissive interlocutory appeal. We deny the petition and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2016); TEX. R. APP. P. 28.3, 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170102F.P05
JUDGMENT
On Appeal from the 44th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-14-09614.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees OMAYRA SIXTOS, INDIVIDUALLY, AS NEXT FRIEND OF D.S., R.S., AND I.S., MINOR CHILDREN, AND AS REPRESENTATIVE OF THE ESTATE OF CAMERINO SIXTOS, AND JONATHAN SIXTOS, AN ADULT CHILD recover their costs of this appeal from appellant TOTAL HIGHWAY MAINTENANCE, LLC. Judgment entered March 16, 2017.