Lisa Gail Cobb v. the Estate of Jesse Derwood Cobb

• Court: Court of Appeals of Texas
• Decided: February 27, 2025
• Docket: 03-25-00045-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00045-CV

Lisa Gail Cobb, Appellant

v.

The Estate of Jesse Derwood Cobb, Deceased, Appellee

FROM THE 20TH DISTRICT COURT OF MILAM COUNTY NO. CV-42568, THE HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Lisa Gail Cobb has filed a petition for permissive appeal seeking to

challenge an order denying her motion to overrule appellee’s notice of nonsuit in this case in

which Cobb also asserts breach of fiduciary duty claims and seeks an accounting of estate assets

and injunctive relief.

To be entitled to a permissive appeal from an interlocutory order that would not

otherwise be appealable in a civil action, the requesting party must establish that the trial court,

by written order, permitted the appeal and: (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 § 51.014(d); see Tex. R. App. P. 28.3(e)(4); Tex. R.

Civ. P. 168. Here, however, the trial court’s order does not grant Cobb permission to seek permissive appeal, nor does it identify a controlling question of law on which there is substantial

ground for disagreement or state why an immediate appeal may materially advance the ultimate

termination of the litigation. 1 See Tex. R. Civ. P. 168 (“[A] trial court may permit an appeal

from an interlocutory order that is not otherwise appealable, as provided by statute. Permission

must be stated in the order to be appealed.”); Tex. Civ. Prac. & Rem. Code § 51.014(d). Because

we conclude that the petition fails to establish each requirement element, we deny the petition for

permissive appeal. See Tex. Civ. Prac. & Rem. Code § 51.014(d); Tex. R. App. P. 28.3(e)(4).

__________________________________________ Rosa Lopez Theofanis, Justice

Before Justices Triana, Theofanis, and Crump

Filed: February 27, 2025

1 The order states “This is an appealable order.” 2