Robert Corley v. Timothy Corley,Jason Corley and Century Oaks Land LLC ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00181-CV
Robert CORLEY,
Appellant
v.
Timothy CORLEY, Jason Corley and Century Oaks Land LLC,
Appellees
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI02547
Honorable Norma Gonzales, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 30, 2021
PETITION FOR PERMISSIVE APPEAL DENIED; DISMISSED FOR WANT OF
JURISDICTION
Appellant, Robert Corley, has filed a petition for permissive appeal, seeking to challenge
an interlocutory order denying his partial motion for summary judgment and granting a motion of
summary judgment in favor of appellees, Timothy Corley, Jason Corley, and Century Oaks Land
LLC.
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”
04-21-00181-CV
and (2) an immediate appeal from the order “may materially advance the ultimate termination of
the litigation.” See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); see also TEX. R. APP. P. 28.3.
Having fully considered appellant’s petition, we deny the petition for permissive appeal.
See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); TEX. R. APP. P. 28.3(e)(4); see also Sabre
Travel Int’l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 732 (Tex. 2019) (“Texas courts of
appeals have discretion to accept or deny permissive interlocutory appeals . . . .”). 1 Accordingly,
we dismiss this appeal for lack of jurisdiction. See Durairaj v. Durairaj, No. 04-19-00271-CV,
2019 WL 3937275, at *1 (Tex. App.—San Antonio Aug. 21, 2019, no pet.) (mem. op.) (per
curiam) (denying a petition for permissive appeal and dismissing the appeal for lack of
jurisdiction).
PER CURIAM
1
We recognize that the denial of a petition for permissive appeal does not prevent the Texas Supreme Court from
reaching the merits of the underlying interlocutory order. See Sabre Travel Int’l, 567 S.W.3d at 733 (“If the trial court
concludes that the threshold requirements are satisfied and certifies the interlocutory order according to section
51.014(d), it ‘permits an appeal’ from the order, and [the Texas Supreme] Court’s jurisdiction is then proper under
section 22.225(d) regardless of how the court of appeals exercises its discretion over the permissive appeal.”).
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