Opinion
NO. 01-19-00923-CV
02-04-2020
SEALY EMERGENCY ROOM, LLC AND CHAETHANA YALAMANCHILI, M.D., Appellants v. SUSAN BROWN LESCHPER, AS JOINT MANAGING CONSERVATOR OF CHRISITAN CARL GAITAN, MINOR CHILD, Appellee
On Appeal from the 155th District Court Austin County, Texas
Trial Court Case No. 2017V-0028
MEMORANDUM OPINION
Appellants, Sealy Emergency Room, LLC and Chaethana Yalamanchili, M.D., have filed a petition for permissive appeal seeking to challenge an interlocutory order denying their traditional and no-evidence motions for summary judgment in favor of appellee, Susan Brown Leschper, as Joint Managing Conservator of Christian Carl Gaitan, Minor Child. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); TEX. R. APP. P. 28.3. 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(e)(4); TEX. R. CIV. P. 168. Because we conclude that the petition fails to establish each requirement of Rule 28.3(3)(e)(4), we deny the petition for permissive appeal.
PER CURIAM Panel consists of Justices Keyes, Goodman, and Countiss. Justice Keyes dissenting without opinion.