City of McKinney, Texas Board of Adjustment for City of McKinney v. Cowtown Redi Mix, Inc, Issam Al-Shmaisani ( 2022 )

DISMISS and Opinion Filed November 22, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00608-CV
CITY OF MCKINNEY, TEXAS, AND BOARD OF ADJUSTMENT FOR
CITY OF MCKINNEY, Appellants
V.
COWTOWN REDI MIX, INC., AND ISSAM AL-SHMAISANI, Appellees
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-05217-2020
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
Before the Court are appellants’ and appellees’ respective petitions for
permissive appeal. See TEX. R. APP. P. 28.3. The parties seek to appeal the trial
court’s interlocutory order granting in part and denying in part plaintiffs’ motion and
defendants’ cross-motion for partial summary judgment.
Under section 51.014(d) of the Texas Civil Practice and Remedies Code, we
may accept a permissive interlocutory appeal if (1) the order being 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. See TEX. CIV. PRAC. & REM. CODE § 51.014(d),
(f). Based on our review of the petitions and the record before us, we conclude that
the parties have failed to establish that an immediate appeal might immediately
advance the ultimate termination of the litigation. Accordingly, we deny the petitions
and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014(f); TEX. R. APP. P. 28.3, 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220608F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CITY OF MCKINNEY, TEXAS On Appeal from the 401st Judicial
BOARD OF ADJUSTMENT FOR District Court, Collin County, Texas
CITY OF MCKINNEY, Appellants Trial Court Cause No. 401-05217-
2020.
No. 05-22-00608-CV V. Opinion delivered by Chief Justice
Burns. Justices Molberg and
COWTOWN REDI MIX, INC, Goldstein participating.
ISSAM AL-SHMAISANI, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered this 22nd day of November 2022.
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