City of McKinney, Texas Board of Adjustment for City of McKinney v. Cowtown Redi Mix, Inc, Issam Al-Shmaisani
This text of City of McKinney, Texas Board of Adjustment for City of McKinney v. Cowtown Redi Mix, Inc, Issam Al-Shmaisani (City of McKinney, Texas Board of Adjustment for City of McKinney v. Cowtown Redi Mix, Inc, Issam Al-Shmaisani) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISS and Opinion Filed November 22, 2022
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00608-CV
CITY OF MCKINNEY, TEXAS, AND BOARD OF ADJUSTMENT FOR CITY OF MCKINNEY, Appellants V. COWTOWN REDI MIX, INC., AND ISSAM AL-SHMAISANI, Appellees
On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-05217-2020
MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Before the Court are appellants’ and appellees’ respective petitions for
permissive appeal. See TEX. R. APP. P. 28.3. The parties seek to appeal the trial
court’s interlocutory order granting in part and denying in part plaintiffs’ motion and
defendants’ cross-motion for partial summary judgment.
Under section 51.014(d) of the Texas Civil Practice and Remedies Code, we
may accept a permissive interlocutory appeal if (1) the order being 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. See TEX. CIV. PRAC. & REM. CODE § 51.014(d),
(f). Based on our review of the petitions and the record before us, we conclude that
the parties have failed to establish that an immediate appeal might immediately
advance the ultimate termination of the litigation. Accordingly, we deny the petitions
and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014(f); TEX. R. APP. P. 28.3, 42.3(a).
/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE
220608F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
CITY OF MCKINNEY, TEXAS On Appeal from the 401st Judicial BOARD OF ADJUSTMENT FOR District Court, Collin County, Texas CITY OF MCKINNEY, Appellants Trial Court Cause No. 401-05217- 2020. No. 05-22-00608-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and COWTOWN REDI MIX, INC, Goldstein participating. ISSAM AL-SHMAISANI, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered this 22nd day of November 2022.
–3–
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