Nutrien Ag Solutions, Inc. F/K/A Crop Production Services, Inc. and Crop Production Services, Inc. v. Peter Balderas and Martha Balderas, Individually and on Behalf of Their Injured and Minor Children, P.B., Jr. and E.B., Injured Minors, and F.B., J.B., J.B., and Y.B., Minor Children, and Jacqueline Balderas, Individually, and Casandra Balderas, Individually

CourtCourt of Appeals of Texas
DecidedSeptember 14, 2020
Docket07-20-00192-CV
StatusPublished

This text of Nutrien Ag Solutions, Inc. F/K/A Crop Production Services, Inc. and Crop Production Services, Inc. v. Peter Balderas and Martha Balderas, Individually and on Behalf of Their Injured and Minor Children, P.B., Jr. and E.B., Injured Minors, and F.B., J.B., J.B., and Y.B., Minor Children, and Jacqueline Balderas, Individually, and Casandra Balderas, Individually (Nutrien Ag Solutions, Inc. F/K/A Crop Production Services, Inc. and Crop Production Services, Inc. v. Peter Balderas and Martha Balderas, Individually and on Behalf of Their Injured and Minor Children, P.B., Jr. and E.B., Injured Minors, and F.B., J.B., J.B., and Y.B., Minor Children, and Jacqueline Balderas, Individually, and Casandra Balderas, Individually) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nutrien Ag Solutions, Inc. F/K/A Crop Production Services, Inc. and Crop Production Services, Inc. v. Peter Balderas and Martha Balderas, Individually and on Behalf of Their Injured and Minor Children, P.B., Jr. and E.B., Injured Minors, and F.B., J.B., J.B., and Y.B., Minor Children, and Jacqueline Balderas, Individually, and Casandra Balderas, Individually, (Tex. Ct. App. 2020).

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-20-00192-CV ________________________

NUTRIEN AG SOLUTIONS, INC. F/K/A CROP PRODUCTION SERVICES, INC., AND CROP PRODUCTION SERVICES INC., PETITIONERS

V.

PETER BALDERAS AND MARTHA BALDERAS, INDIVIDUALLY AND ON BEHALF OF THEIR INJURED AND DECEASED MINOR CHILDREN, P.B., JR. AND E.B., INJURED MINORS, AND F.B., J.B., J.B., AND Y.B., DECEASED MINOR CHILDREN, AND JACQUELINE BALDERAS, INDIVIDUALLY, AND CASANDRA BALDERAS, INDIVIDUALLY, RESPONDENTS

On Petition for Permissive Appeal from the 108th District Court Potter County, Texas Trial Court No. 106,846-E-CV; Honorable Doug Woodburn, Presiding

September 14, 2020

ORDER DENYING PERMISSIVE APPEAL

Before PIRTLE and PARKER and DOSS, JJ.

Pending before this court is the Petition for Interlocutory Appeal filed by Petitioners,

Nutrien Ag Solutions, Inc. (f/k/a Crop Production Services, Inc.) and Crop Production

Services, Inc., seeking permission to appeal the trial court’s Amended Order Denying Defendant Nutrien’s Amended No-Evidence Motion for Summary Judgment and

Amended Order Denying Defendant Nutrien’s Traditional Motion for Summary Judgment.

Respondents have filed an objection to the petition.

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

appealable, the petitioner must establish that (1) the order appealed involves “a

controlling question of law as to which there is a substantial ground for difference of

opinion” and (2) immediate appeal from the order “may materially advance the ultimate

termination of the litigation.” TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp.

2019); TEX. R. APP. P. 28.3(e)(4). Because the petition fails to establish each of these

requirements, we deny the petition for permissive appeal.

Per Curiam

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§ 51.014
Texas CP § 51.014(d)

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Nutrien Ag Solutions, Inc. F/K/A Crop Production Services, Inc. and Crop Production Services, Inc. v. Peter Balderas and Martha Balderas, Individually and on Behalf of Their Injured and Minor Children, P.B., Jr. and E.B., Injured Minors, and F.B., J.B., J.B., and Y.B., Minor Children, and Jacqueline Balderas, Individually, and Casandra Balderas, Individually, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nutrien-ag-solutions-inc-fka-crop-production-services-inc-and-crop-texapp-2020.