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 Appeal from Probate Court No 4 of Harris County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.