GSM Wings IV, LLC, Serc, Inc., Robert Pina and GSM Wings II, LLC v. Eqyinvest Owner II, Ltd., LLP

• Court: Court of Appeals of Texas
• Decided: June 14, 2022
• Docket: 14-22-00199-CV
• Status: Published

Opinion

Petition Denied and Memorandum Opinion filed June 14, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00199-CV

GSM WINGS IV, LLC, SERC, INC., ROBERT PINA AND GSM WINGS II, LLC, Appellants V. EQYINVEST OWNER II, LTD., LLP, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2018-29745

MEMORANDUM OPINION

Appellants petition this court to allow a permissive interlocutory appeal of the trial court’s March 3, 2022 amended order denying defendants’ motion for summary judgment.

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 also Tex. R. App. P. 28.3(a), (e)(4); Tex. R. Civ. P. 168. After reviewing the petition, the record, appellee’s response, and appellants’ reply, we conclude that the petition does not meet the requirements for a permissive interlocutory appeal.

Accordingly, we deny the petition for permissive interlocutory appeal.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan.