Lyman S. Reed and Lyman S. Reed Family Limited Partnership v. Byron H. Davis and BHD Land, Inc. ( 2017 )

Opinion issued February 9, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00914-CV
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LYMAN S. REED AND LYMAN S. REED FAMILY LIMITED
PARTNERSHIP, Appellants
V.
BYRON H. DAVIS AND BHD LAND, INC., Appellees
On Appeal from the 10th District Court
Galveston County, Texas
Trial Court Case No. 16-CV-0281
MEMORANDUM OPINION
Appellants, Lyman S. Reed and Lyman S. Reed Family Limited Partnership,
have filed a petition for permissive appeal seeking to challenge an interlocutory
order granting a motion for partial summary judgment in favor of appellees, Byron
H. Davis and BHD Land, Inc. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(d) (West Supp. 2016); TEX. R. APP. P. 28.3. 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(e)(4); TEX. R. CIV. P. 168. The petition
fails to establish that the order involves a controlling question of law as to which
there is a substantial ground for a difference of opinion and an immediate appeal
from the order may materially advance the ultimate termination of the litigation.
See TEX. R. APP. P. 28.3(e)(4). Accordingly, we deny the petition for permissive
appeal.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Bland.
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