Thien Nguyen, D.O. v. Larry Garza

Opinion issued May 2, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00090-CV
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THIEN NGUYEN, D.O., Appellant
V.
LARRY GARZA, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 2017-75804
MEMORANDUM OPINION
Appellant, Thien Nguyen, D.O., has filed a petition for a permissive appeal,
seeking to challenge an interlocutory order denying his motion for summary
judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d), (f); TEX. R. APP. P.
28.3. We deny the petition.
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; TEX. R. CIV. P. 168; see also
Orion Marine Constr., Inc. v. Cepeda, No. 01-18-00323-CV, 2018 WL 3059756, at
*1 (Tex. App.—Houston [1st Dist.] June 21, 2018, no pet.) (mem. op.) (“Because a
permissive interlocutory appeal is not the norm, we strictly construe Section
51.014(d)’s requirements.”). Because we conclude that Nguyen’s petition fails to
establish each requirement, we deny the petition.
PER CURIAM
Panel consists of Justices Lloyd, Kelly, and Hightower.
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