NUMBER 13-21-00218-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
VALERO REFINERY – TEXAS LP, Appellant,
v.
REANNAH VELA, Appellee.
On appeal from the 347th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Tijerina
Memorandum Opinion by Justice Hinojosa
Appellant Valero Refinery – Texas, LP (Valero) has filed a petition for permissive
interlocutory appeal seeking to challenge the trial court’s order denying Valero’s motion
for summary judgment which sought to dismiss appellee Reanna Vela’s suit against
Valero. Vela has filed a response to the petition.
Generally, an order that does not dispose of all claims and all parties is
interlocutory and is not an appealable order. Sabre Travel Int’l, Ltd. v. Deutsche Lufthansa
AG, 567 S.W.3d 725, 730 (Tex. 2019). To be entitled to a permissive appeal from an
interlocutory order that is not otherwise appealable, the requesting party must establish
to the trial court that (1) the order “involves a controlling question of law as to which there
is a substantial ground for difference of opinion” and (2) allowing an immediate appeal
“may advance the ultimate termination of the litigation.” TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(d); see also TEX. R. APP. P. 28.3. If the trial court grants permission to appeal,
as here, we may accept the appeal if the appeal is warranted under the foregoing criteria.
TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(f); see Sabre, 567 S.W.3d at 732 (“Texas
courts of appeals have discretion to accept or deny permissive interlocutory appeals
certified under section 51.014(d). . . .”).
Having reviewed Valero’s petition, the record documents attached thereto, and
Vela’s response, this Court is of the opinion that Valero has not shown its entitlement to
permissive interlocutory appeal. Accordingly, we deny the petition for permissive
interlocutory appeal, and we dismiss the appeal for want of jurisdiction. We further dismiss
all pending motions as moot.
LETICIA HINOJOSA
Justice
Delivered and filed on the
5th day of August, 2021.
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