Debra Barrientos v. Universal Protection Service, L.P. Appeal from 37th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00607-CV Debra BARRIENTOS, Individually and as a/the Heir and as a Pending Representative of the Estate of Melissa Kay Harbert, Deceased, Appellant v. HEB GROCERY COMPANY, L.P.; U.S. Security Associates, Inc.; Universal Protection Service, L.P. D/B/A Universal Protection Service; and G.T. Sirizzotti, Ltd., Appellees From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-08748 Honorable Solomon Casseb, III, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 15, 2017 PETITION FOR PERMISSIVE APPEAL DENIED; DISMISSED Debra Barrientos filed a petition for permissive appeal, seeking review of the trial court’s order dismissing her wrongful death claims against three of the four defendants in the underlying suit. Appellees did not file a response. Having considered the petition, we conclude Barrientos has not demonstrated the trial court’s order is appropriate for a permissive appeal. See TEX. R. CIV. P. 51.014(d) (West Supp. 2017); TEX. R. APP. P. 28.3. Accordingly, we deny the petition for permissive appeal. See R. 28.3. 04-17-00665-CV Before filing the petition for permissive appeal, Barrientos filed a notice of appeal for an agreed permissive appeal under Texas Rule of Appellate Procedure 28.2. See id. R. 28.2. However, “Rule 28.2 applies only to appeals in cases that were filed in the trial court before September 1, 2011.” Id. R. 28 cmt. Because the underlying suit was filed in the trial court in 2016, Barrientos’s notice of appeal under Rule 28.2 does not invoke this court’s jurisdiction. See id. We dismiss this appeal for want of jurisdiction. PER CURIAM -2-

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