Jefferson County, Texas v. April Swain

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). 1 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 2