WT Appraisal, Inc. v. Brad Madry and Wife Tabitha Madry ( 2012 )

Order filed November 1, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00304-CV

                                                    __________

WT APPRAISAL, INC., Appellant

V.

                   BRAD MADRY AND WIFE TABITHA MADRY, Appellees

                                   On Appeal from the 118th District Court

                                                         Howard County, Texas

                                                      Trial Court Cause No. 48204

                                                                     O R D E R

On October 5, 2012, appellant, WT Appraisal, Inc., filed a petition for permissive appeal in this court.  See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (West Supp. 2012); Tex. R. App. P. 28.3.  In the petition, appellant asks this court to review an interlocutory order denying in part WT Appraisal, Inc.’s motion for summary judgment. 

Appellant has established that it is entitled to a permissive appeal under the requirements of Section 51.014(d), Rule 28.3, and Tex. R. Civ. P. 168.  Specifically, the trial court granted permission for the appeal of the interlocutory order in the order itself.  See Rule 168.  Additionally, the trial court’s permission identifies the controlling question of law and states why an immediate appeal may materially advance the ultimate termination of the litigation.  Id.  

We agree that the order to be appealed involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.  See Section 51.014(d).  Accordingly, we grant the petition for permissive appeal on the following issue specified in the trial court’s order: “[W]hether or not [appellant], WT Appraisal, Inc., owed a duty to [appellees], Brad and Tabitha Madry, who were not the clients of WT Appraisal, Inc. regarding the transaction in question.” 

Pursuant to Rule 28.3(k), appellant’s notice of appeal is deemed to have been filed under Rule 26.1(b) on the date of this order.  See Tex. R. App. P. 26.1(b).  The appeal will be governed by the rules applicable to accelerated appeals.  See Rule 28.3(k).  The appellate record must be filed in this court within ten days after the date of this order.  See Tex. R. App. P. 26.1(b), 28.1(e), 35.1(b).  Appellant’s brief will be due for filing twenty days after the filing of the appellate record in this appeal, and appellees’ brief will be due for filing twenty days after the filing of appellant’s brief.  See Tex. R. App. P. 28.1(e), 38.6(a).

                                                                                                PER CURIAM

November 1, 2012

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill.[2]

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                [1]Eric Kalenak, Justice, resigned effective September 3, 2012.  The justice position is vacant pending appointment of a successor by the governor or until the next general election.

[2]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.