Alvin Allen Jr. v. Crown Pine Timber 1, LP Appeal from 253rd District Court of Liberty County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-20-00001-CV __________________ ALVIN ALLEN JR., Appellant V. CROWN PINE TIMBER 1, LP, Appellee __________________________________________________________________ On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CV1813827 __________________________________________________________________ MEMORANDUM OPINION Appellant Alvin Allen, Jr. petitioned this Court to allow a permissive appeal of the trial court’s December 4, 2019 interlocutory order denying Crown Pipe Timber 1, LP’s motion for partial summary judgment. 1 Crown Pine Timber 1, LP filed a response. 1 See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (Supp.); see also Tex. R. App. P. 28.3. 1 To perfect a permissive appeal from an interlocutory order that is not otherwise appealable, the appellant, when in the trial court, must establish “(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.” 2 After reviewing the petition and the response, we conclude that Allen’s petition for permissive appeal fails to establish the grounds necessary to support a ruling granting his request.3 For that reason, we deny Allen’s petition for a permissive appeal. 4 PETITION DENIED PER CURIAM Submitted on April 1, 2020 Opinion Delivered April 2, 2020 Before McKeithen, C.J., Kreger and Horton, JJ. 2 Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d). See Tex. R. App. P. 28.3(e)(4). 4 Gulf Coast Asphalt Co., L.L.C. v. Lloyd, 457 S.W.3d 539, 543 (Tex. App.— Houston [14th Dist.] 2015, no pet.). 2 3

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