Katherine R. Warren as Next Friend of M. H. W., a Minor Beneficiary of the M.H.W. 2000 Trust v. Andy I. Weiner, Trustee of the M.H.W. 2000 Trust

Opinion issued August 4, 2015

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-15-00432-CV
———————————
KATHERINE R. WARREN, AS NEXT FRIEND OF M.H.W., A MINOR
BENEFICIARY OF THE M.H.W. 2000 TRUST, Appellant
V.
ANDY I. WEINER, TRUSTEE OF THE M.H.W. 2000 TRUST, Appellee

On Appeal from the Probate Court No. 4
Harris County, Texas
Trial Court Case No. 425,578

MEMORANDUM OPINION

Appellant, Katherine R. Warren as next friend of M.H.W., has filed a

petition for permissive appeal seeking to challenge an interlocutory order denying

appellant’s plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §

51.014(d) (West 2015); 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. The petition fails to establish that

the order involves a controlling question of law as to which there is a substantial

ground for a difference of opinion. In addition, the parties have raised these issues

in connection with petitions for a writ of mandamus. Accordingly, we deny the

petition for permissive appeal.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

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