Morgan Stanley & Company LLC F/K/A Morgan Stanley & Co. Inc. v. Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B.

• Court: Court of Appeals of Texas
• Decided: November 25, 2014
• Docket: 14-14-00849-CV
• Status: Published

Opinion

Petition for Permission to Appeal Denied and Memorandum Opinion filed November 25, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00849-CV

MORGAN STANLEY & COMPANY LLC F/K/A MORGAN STANLEY & CO. INC., Appellant V.

FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR FRANKLIN BANK, S.S.B., Appellee

On Appeal from the 151st District Court Harris County, Texas Trial Court Cause No. 2011-67305

MEMORANDUM OPINION

Before this court is a petition for permission to appeal an interlocutory order that is not otherwise appealable. Morgan Stanley & Company LLC f/k/a Morgan Stanley & Co. Inc., referred to as appellant, filed a petition under Texas Rule of Appellate Procedure 28.3 seeking permission from this court for an interlocutory appeal under Texas Civil Practice and Remedies Code section 51.014(d). Appellant’s petition seeks permission to appeal an interlocutory order signed April 26, 2013, denying its motion for summary judgment and special exceptions. See Tex. Civ. Prac. & Rem. Code § 51.014(d) (specifying circumstances under which trial court may grant written permission to appeal an otherwise unappealable order); see also Tex. R. App. P. 28.3; Tex. R. Civ. P. 168. The petition was filed in this court on October 22, 2014. On November 3, 2014, the Federal Deposit Insurance Corporation as Receiver for Franklin Bank, S.S.B., referred to as appellee, filed a response in opposition to the petition and on November 10, 2014, appellant filed a reply.

After careful consideration of the petitions and responses, including the items in the appendices attached thereto, and the rules applicable to permissive appeals, we deny appellant’s petition seeking permission to appeal the trial court’s interlocutory order signed April 26, 2013. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43 .2(f).

PER CURIAM

Panel consists of Justices McCally, Brown and Wise.