CCG Commercial Construction Group LLC v. Independent Bank and C. Perry Marker d/b/a Texas Dirt Contractors Appeal from 393rd District Court of Denton County (memorandum opinion per curiam)

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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00131-CV ___________________________ CCG COMMERCIAL CONSTRUCTION GROUP LLC, Appellant V. INDEPENDENT BANK AND C. PERRY MARKER D/B/A TEXAS DIRT CONTRACTORS, Appellees On Appeal from the 393rd District Court Denton County, Texas Trial Court No. 19-2594-393 Before Gabriel, Kerr, and Wallach, JJ. Per Curiam Memorandum Opinion and Order MEMORANDUM OPINION AND ORDER We have considered the petition for permissive appeal of Appellant CCG Commercial Construction Group LLC (CCG). 1 See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d), (f); Tex. R. App. P. 28.3(a). We grant the petition. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f). In the interlocutory appeal, we will determine the issue identified by the trial court as the controlling question of law: “[D]id the Court properly dissolve the Writ [of Garnishment] even though the Court found that [CCG] proved at [the] hearing on the Motions to Dissolve the grounds relied upon for the Writ’s issuance based on uncontroverted affidavits which meet the requirements under Texas law for stating the grounds for a writ of garnishment?” CCG’s notice of appeal is deemed filed today. See id.; Tex. R. App. P. 28.3(k). The appeal will be governed by the rules for accelerated appeals. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f); Tex. R. App. P. 28.1, 28.3(k). Appellant must file a copy of this memorandum opinion and order with the trial court clerk. See Tex. R. App. P. 28.3(k). Per Curiam Gabriel, J., would deny the petition. Delivered: May 26, 2020 In a separate order issued concurrently with this memorandum opinion and order, we grant Appellant’s motion to consolidate this appeal with the appeal pending in Cause Number 02-20-00003-CV. 1 2

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