Texas Windstorm Insurance Association v. Kevin Kelly and Tiffany Kelly

• Court: Court of Appeals of Texas
• Decided: June 17, 2022
• Docket: 09-22-00173-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00173-CV __________________

TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellant

V.

KEVIN KELLY AND TIFFANY KELLY, Appellees

__________________________________________________________________

On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-203,415 __________________________________________________________________

ORDER

On May 19, 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 June 3, 2022,

Texas Windstorm Insurance Association asked this Court for permission to appeal

the interlocutory order the trial court signed on May 19, 2022. See Tex. R. App. P.

1 28.3(a). The remaining parties in the case, Kevin Kelly and Tiffany Kelly, responded

in support of the request. See Tex. R. App. P. 28.3(f).

The Court grants Texas Windstorm Insurance Association’s petition seeking

review through a permissive appeal of the trial court’s May 19, 2022 Summary

Judgment Order with Permission to Appeal. 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 June 27, 2022. The brief of the appellant is due twenty days after

the record is filed. See Tex. R. App. P. 38.6(a). The appellees’ 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 June 17, 2022.

PER CURIAM

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