William Korioth WTK Development, LLC Kona Coast LLC Guadalupe 306, LP And Guadalupe 306 GP, LLC v. Whitewater Investment Partners, LLC Oxbow Land Partners, LLC Hideout on the Horseshoe, LLC Whitewater Sports, LLC And Kona Coast Venture, LTD

• Court: Court of Appeals of Texas
• Decided: May 2, 2023
• Docket: 03-22-00683-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00683-CV

William Korioth; WTK Development, LLC; Kona Coast LLC; Guadalupe 306, LP; and Guadalupe 306 GP, LLC, Appellants

v.

Whitewater Investment Partners, LLC; Oxbow Land Partners, LLC; Hideout on the Horseshoe, LLC; Whitewater Sports, LLC; and Kona Coast Venture, LTD, Appellees

FROM THE 274TH DISTRICT COURT OF COMAL COUNTY NO. C2021-0823C, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants William Korioth; WTK Development, LLC; Kona Coast LLC;

Guadalupe 306, LP; and Guadalupe 306 GP, LLC, have filed a petition for permissive appeal

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

(Appellees’ cross motion for summary judgment was also denied, and they

include conditional cross points in their brief, but they generally oppose the petition for

permissive appeal.)

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 of Rule 28.3(e)(4), we deny the petition

for permissive appeal. See Tex. R. App. P. 28.3(e)(4).

__________________________________________ Edward Smith, Justice

Before Justices Baker, Smith, and Jones*

Filed: May 2, 2023

*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).