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Jefferson County, Texas v. April Swain

Court: Court of Appeals of Texas
Date filed: 2014-10-02
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Combined Opinion
                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                                 ________________

                                NO. 09-14-00347-CV
                                 ________________

                   JEFFERSON COUNTY, TEXAS, Appellant

                                          VS.

                       APRIL SWAIN, Appellee
 _________________________________________________________________

                On Appeal from the 136th District Court
                       Jefferson County, Texas
                      Trial Cause No. D-195,767
__________________________________________________________________

                             MEMORANDUM OPINION

      On August 21, 2014, appellant Jefferson County, Texas filed a petition for

permissive appeal in this Court. See Tex. R. App. P. 28.3; Tex. R. Civ. P. 168; Tex. Civ.

Prac. & Rem. Code Ann. § 51.014 (West Supp. 2014). To be entitled to a permissive

appeal from an interlocutory order that would not otherwise be appealable, the requesting

party must demonstrate 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. R. App. P. 28.3(e)(4); Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d).
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      Appellant has not established that it is entitled to a permissive appeal.

Accordingly, we deny appellant’s petition for permissive appeal.

      PETITION FOR PERMISSIVE APPEAL DENIED.



                                         ________________________________
                                                 CHARLES KREGER
                                                       Justice


Submitted on October 1, 2014
Opinion Delivered October 2, 2014


Before McKeithen, C.J., Kreger and Johnson, JJ




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