Hebert v. JJT Construction
2014 Tex. App. LEXIS 7463
| Tex. App. | 2014Background
- Appellants Charles Hebert and Treasa Antony sought permission to appeal an interlocutory order under Texas law.
- The interlocutory order at issue is a May 13, 2014 denial of their motion for partial summary judgment.
- Appellees JJT Construction, JJT Construction, Inc., and Emmanuel D. Watson opposed the petition.
- The petition was filed May 28, 2014 and assigned to this court June 3, 2014.
- The dispute concerns whether the trial court issued a written permission-to-appeal as required by §51.014(d) and Rule 168.
- The court reviews whether permissive interlocutory jurisdiction was properly conferred and, if not, denies the petition for permission to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permission to appeal was properly granted. | Appellants contend the trial court granted permission. | Appellees argue there was no written permission in the record. | No permission found; jurisdiction lacking; petition denied. |
Key Cases Cited
- City of Houston v. Estate of Jones, 388 S.W.3d 663 (Tex. 2012) (strictly construed 51.014 as exception to final judgments)
- State Farm Lloyds v. Gulley, 399 S.W.3d 242 (Tex.App.-San Antonio 2012) (strict reading of former 51.014(d))
- Tex. A&M Univ. Sys. v. Koseoglu, 233 S.W.3d 835 (Tex. 2007) (courts must construe 51.014 as an interlocutory-appeal exception)