Rig Tools, Inc. v. William Patrick Leamer

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-13-00001-CV

RIG TOOLS, INC., Appellant

V.

WILLIAM PATRICK LEAMER, Appellee

On Appeal from the 123rd District Court
Panola County, Texas
Trial Court No. 2010-389

Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
 MEMORANDUM OPINION
Rig Tools, Inc., has filed a petition seeking permission to appeal an interlocutory order

pursuant to Section 51.014(d) of Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC.

& REM. CODE ANN. §51.014(d) (West Supp. 2012); see also TEX. R. APP. P. 28.3(a) (requiring

party seeking to pursue permissive appeal of interlocutory order to petition court of appeals for

permission to appeal).

Statutes authorizing interlocutory appeals are strictly construed. W. Dow Hamm III Corp.

v. Millennium Income Fund, LLC, 237 S.W.3d 745, 751 (Tex. App.—Houston [1st Dist.] 2007,

no pet.). Section 51.014(d) of the Texas Civil Practice and Remedies Code provides:

(d) On a party’s motion or on its own initiative, a trial court in a civil action
may, by written order, permit an appeal from an order that is not otherwise
appealable if:

(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). Texas Rule of Civil Procedure 168, which

implements Section 51.014(d), states:

On a party’s motion or on its own initiative, a trial court may permit an appeal
from an interlocutory order that is not otherwise appealable, as provided by
statute. Permission must be stated in the order to be appealed. An order
previously issued may be amended to include such permission. The permission
must identify the controlling question of law as to which there is a substantial
ground for difference of opinion, and must state why an immediate appeal may
materially advance the ultimate termination of the litigation.

TEX. R. CIV. P. 168.

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 In the instant case, the challenged order fails to grant permission to appeal.

Consequently, we lack jurisdiction over this matter.

We deny the petition for an order permitting an interlocutory appeal and dismiss the

appeal.

Bailey C. Moseley
Justice

Date Submitted: January 16, 2013
Date Decided: January 17, 2013

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