Edom Corner, LLC and Earl A. Berry, Jr. v. It's the Berry's, LLC D/B/A Mary Ellen's ( 2014 )

NO. 12-14-00131-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
EDOM CORNER, LLC AND § APPEAL FROM THE 294TH
EARL A. BERRY, JR.,
APPELLANTS
V. § JUDICIAL DISTRICT COURT
IT'S THE BERRY'S, LLC
D/B/A MARY ELLEN'S,
APPELLEE § VAN ZANDT COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Edom Corner, LLC and Earl A. Berry, Jr. have filed a “Notice of Interlocutory Appeal.”
We construe the notice as a petition for permission to appeal the trial court’s order relating to
prior litigation between Appellants and It’s The Berry’s, LLC d/b/a Mary Ellen’s. See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2013); see also TEX. R. APP. P. 28.3 & cmt.
Appellants have not established that they are entitled to a permissive appeal. Accordingly, we
deny their petition for permissive appeal.
Opinion delivered June 11, 2014.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JUNE 11, 2014
NO. 12-14-00131-CV
EDOM CORNER, LLC AND EARL A. BERRY, JR.,
Appellants
V.
IT'S THE BERRY'S, LLC D/B/A MARY ELLEN'S,
Appellee
Appeal from the 294th District Court
of Van Zandt County, Texas (Tr.Ct.No. 09-00138)
THIS CAUSE came to be heard on the appellate record; and the same
being considered, it is the opinion of this court that this petition for permissive appeal should be
denied.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
this petition for permissive appeal be, and the same is, hereby denied; and that this decision be
certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.