Jefferson County, Texas v. April Swain

• Court: Court of Appeals of Texas
• Decided: October 2, 2014
• Docket: 09-14-00347-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-14-00347-CV ________________

JEFFERSON COUNTY, TEXAS, Appellant

VS.

APRIL SWAIN, Appellee _________________________________________________________________

On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-195,767 __________________________________________________________________

MEMORANDUM OPINION

On August 21, 2014, appellant Jefferson County, Texas filed a petition for

permissive appeal in this Court. See Tex. R. App. P. 28.3; Tex. R. Civ. P. 168; Tex. Civ.

Prac. & Rem. Code Ann. § 51.014 (West Supp. 2014). To be entitled to a permissive

appeal from an interlocutory order that would not otherwise be appealable, the requesting

party must demonstrate 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. R. App. P. 28.3(e)(4); Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d). 1 Appellant has not established that it is entitled to a permissive appeal.

Accordingly, we deny appellant’s petition for permissive appeal.

PETITION FOR PERMISSIVE APPEAL DENIED.

________________________________ CHARLES KREGER Justice

Submitted on October 1, 2014 Opinion Delivered October 2, 2014

Before McKeithen, C.J., Kreger and Johnson, JJ