Christina De La Torre v. AAG Properties, Inc.

Summary

The Fourteenth Court of Appeals denied Christina De La Torre’s application for a permissive interlocutory appeal and dismissed the appeal. The court held that the trial court’s order permitting the appeal did not state the reasons for denying De La Torre’s no-evidence and traditional summary-judgment motion, and therefore did not demonstrate that the trial court had ruled on the substantive controlling legal issues. The court concluded that no legal issue was properly presented for appellate review under Texas Civil Practice and Remedies Code section 51.014(d).

Holdings

1. A permissive interlocutory appeal is improper when the trial court has not first ruled on the substantive controlling legal issues identified in its permission order.

Questions Presented

1. Whether the court of appeals could accept a permissive interlocutory appeal from the denial of De La Torre's summary-judgment motion when the trial court's permission order identified controlling questions of law but did not state its reasons for denying summary judgment.
2. Whether the trial court must first make a substantive ruling on the controlling legal issues before a permissive interlocutory appeal may proceed.

Disposition

dismissed