NO. 12-14-00343-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
CAROLE ANN WALLACE, § APPEAL FROM THE 3RD
APPELLANT
V. § JUDICIAL DISTRICT COURT
BARBARA LOUISE HERNANDEZ,
APPELLEE § HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant filed a petition for permissive appeal in this court. See TEX. CIV. PRAC. &
REM. CODE ANN. § 51.014(d) (West Supp. 2014); see also TEX. R. APP. P. 28.3. However, the
petition did not show the trial court’s permission for the appeal. See TEX. R. CIV. P. 168; TEX. R.
APP. P. 28.3(a). This court sent notice of the defect to Appellant, who then filed a motion in the
trial court asking that the interlocutory order she seeks to appeal be amended to include
permission to appeal. By order dated December 19, 2014, the trial court denied Appellant’s
motion. Consequently, Appellant has not satisfied the requirements for a permissive appeal. See
TEX. R. APP. P. 28.3(a) (requiring permission from trial court to appeal interlocutory order not
otherwise appealable). Accordingly, we deny Appellant’s petition for permissive appeal.
Opinion delivered January 21, 2015.
Panel consisted of Worthen, C.J. and Hoyle, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JANUARY 21, 2015
NO. 12-14-00343-CV
CAROLE ANN WALLACE,
Appellant
V.
BARBARA LOUISE HERNANDEZ,
Appellee
Appeal from the 3rd District Court
of Henderson County, Texas (Tr.Ct.No. 2014C-0199)
THIS CAUSE came to be heard on the appellate record; and the same
being considered, it is the opinion of this court that this petition for permissive appeal should be
denied.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
Appellant’s petition for permissive appeal be denied; and that this decision be certified to the
court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J. and Hoyle, J.