Blakenergy, Ltd., a Texas Limited Partnership v. Oncor Electric Delivery Company, LLC

• Court: Court of Appeals of Texas
• Decided: September 25, 2014
• Docket: 02-14-00241-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-14-00241-CV

BLAKENERGY, LTD., A TEXAS APPELLANT LIMITED PARTNERSHIP

V.

ONCOR ELECTRIC DELIVERY APPELLEE COMPANY, LLC

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FROM THE 97TH DISTRICT COURT OF CLAY COUNTY TRIAL COURT NO. 2012-0033C-CV

MEMORANDUM OPINION 1

Blakenergy, Ltd., a Texas Limited Partnership, has filed a petition for

permissive appeal asking this court to review interlocutory orders of the trial court

regarding Blakenergy’s expert witness Steve D. Goolsby and the related denials

of Blakenergy’s motion for continuance and motion to reconsider. We have

1 See Tex. R. App. P. 47.4. considered the petition, response, and reply. Given the requirement that we

construe section 51.014 strictly, 2 we decline to entertain this appeal, and we

hereby dismiss it. 3

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and GABRIEL, JJ.

DELIVERED: September 25, 2014

2 See Rogers v. Orr, 408 S.W.3d 640, 642 (Tex. App.—Fort Worth 2013, pet. denied) (“We strictly construe a statute authorizing an interlocutory appeal because it is an exception to the general rule that only final judgments are appealable.”). 3 See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d)–(f) (West Supp. 2014); Tex. R. App. P. 43.2(f).