Asset Plus Corporation v. Juan M. Martinez

• Court: Court of Appeals of Texas
• Decided: July 14, 2017
• Docket: 04-17-00239-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas July 14, 2017

No. 04-17-00239-CV

ASSET PLUS CORPORATION, Appellant

v.

Juan M. MARTINEZ, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-04644 Honorable Antonia Arteaga, Judge Presiding

ORDER On April 14, 2016, Asset Plus Corporation filed a motion for permissive interlocutory appeal in the trial court. See TEX. R. CIV. P. 168 (providing that, on a party’s motion or on its own initiative, the trial court may permit an appeal from an interlocutory order that is not otherwise appealable). On April 17, 2017, a copy of this motion was filed in this court. Upon receiving the motion, the clerk of this court opened an appellate case and assigned it an appellate cause number. However, it appears that the appellate case was prematurely opened and the appellate cause number was prematurely assigned.

Rule 28.3 of the Texas Rules of Appellate Procedure allows a party, after the trial court permits a permissive interlocutory appeal, to file a petition in the appellate court seeking a permissive appeal from an interlocutory order that would not otherwise be appealable. See TEX. R. APP. P. 28.3(a). No such petition has been filed in this case. We, therefore, ORDER the clerk of this court to administratively close this case.

If Asset Plus Corporation files a petition in this court seeking a permissive interlocutory appeal, the clerk of the court will open a new appellate case and assign it a new appellate cause number.

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of July, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk