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

Summary

The Fourth Court of Appeals of Texas denied Robert Corley’s petition for permissive appeal from an interlocutory summary-judgment order and dismissed the appeal for want of jurisdiction. The court explained that permissive appeals are discretionary and cited Texas Civil Practice and Remedies Code section 51.014(d) and Texas Rule of Appellate Procedure 28.3.

Holdings

1. A party seeking a permissive appeal from an otherwise nonappealable interlocutory order must establish that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate termination of the litigation; the court of appeals nevertheless has discretion to deny the petition.
2. When the court of appeals denies a petition for permissive appeal, the interlocutory appeal is dismissed for lack of jurisdiction.

Questions Presented

1. Whether the court of appeals should accept Robert Corley's petition for a permissive interlocutory appeal.
2. Whether the appeal should be dismissed for lack of jurisdiction after the petition for permissive appeal was denied.

Disposition

dismissed