Mary Cheney, as Survivng Spouse of Eric Cheney v. Iteris, Inc.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00334-CV

Mary Cheney, As Surviving Spouse of Eric Cheney, Appellant

v.

The Levy Company, Appellee

NO. 03-19-00335-CV

Iteris, Inc., Appellee

FROM THE 169TH DISTRICT COURT OF BELL COUNTY NO. 286720-C, THE HONORABLE GORDON G. ADAMS, JUDGE PRESIDING

ORDER

PER CURIAM

In these causes, Mary Cheney, As Surviving Spouse of Eric Cheney, has sought to

invoke our jurisdiction to review interlocutory orders through petitions for permissive appeal

under Subsection 51.014(f) of the Texas Civil Practice and Remedies Code.1 Accompanying

1 See Tex. Civ. Prac. & Rem. Code § 51.014(f) (“An appellate court may accept an appeal permitted by Subsection (d) if the appealing party, not later than the 15th day after the Cheney’s petitions are orders from the district court that satisfy Subsection (d). The petitions are

unopposed. We agree with Cheney that the appeals are warranted and we accept them.2 These

appeals will proceed under the rules governing accelerated appeals, and for those purposes the

date of this order is deemed the date the notice of appeals were filed.3

On our own motion, we consolidate these appeals for purposes of briefing

and consideration.

It is ordered on July 25, 2019.

Before Chief Justice Rose, Justices Kelly and Smith

date the trial court signs the order to be appealed, files in the court of appeals having appellate jurisdiction over the action an application for interlocutory appeal explaining why an appeal is warranted under Subsection (d).”); see also id. § 51.014(d) (“a trial court in a civil action may, by written order, permit an appeal from an order that is not otherwise appealable if: (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 (implementing rule). 2 See Tex. Civ. Prac. & Rem. Code § 51.014(f). 3 See id.; Tex. R. App. P. 28.3(k). 2