Katherine R. Warren as Next Friend of M. H. W., a Minor Beneficiary of the M.H.W. 2000 Trust v. Andy I. Weiner, Trustee of the M.H.W. 2000 Trust ( 2015 )

Opinion issued August 4, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00432-CV
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KATHERINE R. WARREN, AS NEXT FRIEND OF M.H.W., A MINOR
BENEFICIARY OF THE M.H.W. 2000 TRUST, Appellant
V.
ANDY I. WEINER, TRUSTEE OF THE M.H.W. 2000 TRUST, Appellee
On Appeal from the Probate Court No. 4
Harris County, Texas
Trial Court Case No. 425,578
MEMORANDUM OPINION
Appellant, Katherine R. Warren as next friend of M.H.W., has filed a
petition for permissive appeal seeking to challenge an interlocutory order denying
appellant’s plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §
51.014(d) (West 2015); 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. In addition, the parties have raised these issues
in connection with petitions for a writ of mandamus. Accordingly, we deny the
petition for permissive appeal.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Brown.
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