HMR Funding LLC v. Melford Ankrum and Best Transportation Services, Inc. Appeal from 215th District Court of Harris County (memorandum opinion per curiam)

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Petition for Permission to Appeal Denied and Memorandum Opinion filed December 7, 2017. In The Fourteenth Court of Appeals NO. 14-17-00702-CV HMR FUNDING LLC, Appellant V. MELFORD ANKRUM AND BEST TRANSPORTATION SERVICES, INC., Appellee On Appeal from the 215th District Court Harris County, Texas Trial Court Cause No. 2015-15269 MEMORANDUM OPINION Appellant HMR Funding, LLC filed a petition for permissive interlocutory appeal seeking to reverse the trial court’s June 13, 2017 order denying Appellant’s motion to dismiss a third-party petition pursuant to Texas Rule of Civil Procedure 91a. To be entitled to a permissive appeal from an interlocutory order that is not otherwise appealable, the requesting party must establish that the order “involves a controlling question of law as to which there is a substantial ground for difference of opinion” and allowing immediate appeal “may advance the ultimate termination of the litigation.” Tex. Civ. Prac. & Rem. Code § 51.014(d); see also Tex. R. App. P. 28.3. The petition fails to establish that the challenged order concerns a controlling question of law or that an immediate appeal may materially advance the ultimate termination of the litigation. See Tex. Civ. Prac. & Rem. Code § 51.014(d). Accordingly, we deny the petition and dismiss the appeal. PER CURIAM Panel consists of Justices Jamison, Busby, and Donovan. 2