Entergy Services, LLC v. David Woollen and Wayne Hill

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00297-CV __________________

ENTERGY SERVICES, LLC, Appellant

V.

DAVID WOOLLEN AND WAYNE HILL, Appellees

__________________________________________________________________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-202,405 __________________________________________________________________

ORDER

On December 16, 2020, the trial court signed an interlocutory order, which

identifies a controlling question of law that, if resolved now, may materially advance

the ultimate resolution of the lawsuit should this Court decide to grant the request

and allow the matter to be argued by interlocutory appeal. See Tex. Civ. Prac. &

Rem. Code Ann. § 51.014(d) (Supp.); see also Tex. R. Civ. P. 168. On December

29, 2020, Entergy Services, LLC (“Entergy”) asked this Court for permission to

appeal the interlocutory order the trial court signed on December 16, 2020. See Tex.

1 R. App. P. 28.3(a). The remaining parties in the case, David Woollen and Wayne

Hill, did not respond to Entergy’s request. See Tex. R. App. P. 28.3(f).

The Court grants Entergy’s petition seeking review through a permissive

appeal of the trial court’s December 16, 2020 order. See Tex. R. App. P. 28.3(k). We

deem the notice of appeal to have been filed as of the date the Court renders this

Order. Id. The record is due February 8, 2021. The brief of the appellant is due

twenty days after the record is filed. See Tex. R. App. P. 38.6(a). The appellees’ brief

is due twenty days after the appellant files their brief. See Tex. R. App. P. 38.6(b).

The Clerk of the Court shall file a copy of this Order with the trial court’s clerk. See

Tex. R. App. P. 28.3(k).

ORDER ENTERED January 27, 2021.

PER CURIAM

Before Golemon, C.J., Horton and Johnson, JJ.