Mid-Continent Casualty Company v. Harris County Municipal Utility District No. 400

• Court: Court of Appeals of Texas
• Decided: August 15, 2022
• Docket: 09-22-00252-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00252-CV __________________

MID-CONTINENT CASUALTY COMPANY, Appellant

V.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 400, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 19-10-13793 __________________________________________________________________

ORDER

On July 22, 2022, the trial court signed an interlocutory order, which identifies

controlling questions 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 August 5, 2022,

Mid-Continent Casualty Company asked this Court for permission to appeal the

interlocutory order the trial court signed on July 22, 2022. See Tex. R. App. P.

1 28.3(a). The remaining party in the case, Harris County Municipal Utility District

No. 400, did not object to the request. See Tex. R. App. P. 28.3(f).

The Court grants Mid-Continent Casualty Company’s petition seeking review

through a permissive appeal of the trial court’s July 22, 2022 Second Amended

Order Denying Defendant’s Motion for Summary Judgment. 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 August 25, 2022. The brief of the appellant

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

appellee’s brief is due twenty days after the appellant files its 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 August 15, 2022.

PER CURIAM

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