GSM Wings IV, LLC, Serc, Inc., Robert Pina and GSM Wings II, LLC v. Eqyinvest Owner II, Ltd., LLP
GSM Wings IV, LLC, Serc, Inc., Robert Pina and GSM Wings II, LLC v. Eqyinvest Owner II, Ltd., LLP
Opinion
Petition Denied and Memorandum Opinion filed June 14, 2022.
In The Fourteenth Court of Appeals NO. 14-22-00199-CV GSM WINGS IV, LLC, SERC, INC., ROBERT PINA AND GSM WINGS II, LLC, Appellants V. EQYINVEST OWNER II, LTD., LLP, Appellee On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2018-29745 MEMORANDUM OPINION Appellants petition this court to allow a permissive interlocutory appeal of the trial court’s March 3, 2022 amended order denying defendants’ motion for summary judgment.
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 also Tex. R. App. P. 28.3(a), (e)(4); Tex. R. Civ. P. 168. After reviewing the petition, the record, appellee’s response, and appellants’ reply, we conclude that the petition does not meet the requirements for a permissive interlocutory appeal.
Accordingly, we deny the petition for permissive interlocutory appeal.
PER CURIAM Panel consists of Justices Jewell, Zimmerer, and Hassan.
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