by the Sea Council of Co-Owners, Inc. v. Texas Windstorm Insurance Association

Opinion issued July 23, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00415-CV
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BY THE SEA COUNCIL OF CO-OWNERS, INC., Appellant
V.
TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellee
On Appeal from the 10th District Court
Galveston County, Texas
Trial Court Case No. 18-CV-0529
MEMORANDUM OPINION
Appellant filed an unopposed petition for permissive appeal, seeking to
challenge the trial court’s grant of appellee’s plea to the jurisdiction. See TEX. CIV.
PRAC. & REM. CODE § 51.014(d), (f); TEX. R. APP. P. 28.3. To be entitled to a
permissive appeal from an interlocutory order not otherwise appealable, the
petitioner must establish that (1) the order appealed involves “a controlling question
of law as to which there is a substantial ground for difference of opinion,” and (2)
immediate appeal from the order “may materially advance the ultimate termination
of the litigation.” TEX. CIV. PRAC. & REM. CODE § 51.014(d); TEX. R. APP. P.
28.3(e)(4).
Because we conclude that the petition fails to establish both requirements, we
deny the petition for permissive appeal. See TEX. R. APP. P. 28.3(e)(4). We deny all
other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Hightower.
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