Thien Nguyen, D.O. v. Larry Garza

• Court: Court of Appeals of Texas
• Decided: May 2, 2019
• Docket: 01-19-00090-CV
• Status: Published

Opinion

Opinion issued May 2, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00090-CV ——————————— THIEN NGUYEN, D.O., Appellant V. LARRY GARZA, Appellee

On Appeal from the 11th District Court Harris County, Texas Trial Court Case No. 2017-75804

MEMORANDUM OPINION

Appellant, Thien Nguyen, D.O., has filed a petition for a permissive appeal,

seeking to challenge an interlocutory order denying his motion for summary

judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d), (f); TEX. R. APP. P.

28.3. We deny the petition. 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 ANN. § 51.014(d); see TEX. R. APP. P. 28.3; TEX. R. CIV. P. 168; see also

Orion Marine Constr., Inc. v. Cepeda, No. 01-18-00323-CV, 2018 WL 3059756, at

*1 (Tex. App.—Houston [1st Dist.] June 21, 2018, no pet.) (mem. op.) (“Because a

permissive interlocutory appeal is not the norm, we strictly construe Section

51.014(d)’s requirements.”). Because we conclude that Nguyen’s petition fails to

establish each requirement, we deny the petition.

PER CURIAM

Panel consists of Justices Lloyd, Kelly, and Hightower.