The Hanover Insurance Company v. the City of Buda and the Barr Co., AIA

• Court: Court of Appeals of Texas
• Decided: May 31, 2023
• Docket: 03-22-00817-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00817-CV

The Hanover Insurance Company, Appellant

v.

The City of Buda and The Barr Co., AIA, Appellees

FROM THE 207TH DISTRICT COURT OF HAYS COUNTY NO. 21-0838, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant The Hanover Insurance Company has filed a petition for permissive

appeal seeking to challenge an interlocutory order denying its motion for summary judgment.

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

otherwise be appealable, the requesting party must establish that (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. Civ. Prac. & Rem. Code § 51.014(d); see Tex. R. App. P.

28.3(e)(4); Tex. R. Civ. P. 168. Because we conclude that the petition fails to establish each

requirement element, we deny the petition for permissive appeal. See Tex. Civ. Prac. & Rem.

Code § 51.014(d); Tex. R. App. P. 28.3(e)(4). __________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Triana and Theofanis

Filed: May 31, 2023