Badger Tavern LP, 1676 Regal JV, and 1676 Regal Row, Dallas, Texas, IN REM v. City of Dallas

Opinion

DISMISS and Opinion Filed May 8, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00299-CV

BADGER TAVERN LP, 1676 REGAL JV, AND 1676 REGAL ROW, DALLAS, TEXAS, IN REM, Appellants V. CITY OF DALLAS, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-16151

MEMORANDUM OPINION ON REHEARING Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellants seek rehearing of our prior opinion dismissing their petition for

permissive appeal for want of jurisdiction. We deny the motion and, on our own

motion, withdraw our April 20, 2023 opinion and vacate the judgment of that date.

This is now the opinion of the Court.

Before the Court is appellants’ petition for permissive appeal of the trial

court’s interlocutory order denying their motion to dismiss pursuant to rule of

civil procedure 91a. See TEX. R. CIV. P. 91a (concerning dismissal of baseless

causes of action). 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 TEX. R. APP. P. 28.3(e)(4); TEX. R. CIV. P. 168. Because we conclude that the

petition fails to establish each requirement of Rule 28.3(e)(4), we deny the

petition for permissive appeal and dismiss the appeal. See Tex. R. App. P.

28.3(e)(4); 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

230299F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BADGER TAVERN LP, 1676 On Appeal from the 134th Judicial REGAL JV, AND 1676 REGAL District Court, Dallas County, Texas ROW, DALLAS, TEXAS, IN REM, Trial Court Cause No. DC-22-16151. Appellants Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein No. 05-23-00299-CV V. participating.

CITY OF DALLAS, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee CITY OF DALLAS recover its costs of this appeal from appellants BADGER TAVERN LP, 1676 REGAL JV, AND 1676 REGAL ROW, DALLAS, TEXAS, IN REM.

Judgment entered May 8, 2023

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