On October 09, 2017 a
Appellate Materials
was filed
involving a dispute between
Blanchard Refining Company Llc,
Marathon Petroleum Company Lp,
and
Industrial Specialists, Llc,
for Contract - Debt
in the District Court of Galveston County.
Preview
09/05/2019 12:27 AM
JOHN D. KINARD, District Clerk
Galveston County, texas
Opinion issued September 5, 2019
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-19-00514-CV
———————————
INDUSTRIAL SPECIALISTS, LLC, Appellant
V.
BLANCHARD REFINING COMPANY LLC AND MARATHON
PETROLEUM COMPANY LP, Appellees
On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Case No. 17-CV-1242
MEMORANDUM OPINION
Appellant, Industrial Specialists, LLC, has filed a petition for permissive
appeal seeking to challenge an interlocutory order denying a motion for partial
summary judgment in favor of appellees, Blanchard Refining Company LLC and
Marathon Petroleum Company LP. See TEX. CIV. PRAC. & REM. CODE ANN.
09/05/2019 12:27 AM
JOHN D. KINARD, District Clerk
Galveston County, texas
§ 51.014(d); 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. Because we conclude that the petition fails
to establish each requirement of Rule 28.3(3)(e)(4), we deny the petition for
permissive appeal. See TEX. R. APP. 28.3(e)(4).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Higley.
2
Document Filed Date
September 05, 2019
Case Filing Date
October 09, 2017
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09/05/2019 12:27 AM JOHN D. KINARD, District Clerk Galveston County, texas Opinion issued September 5, 2019 In The Court of Appeals For The First District of Texas ———————————— NO. 01-19-00514-CV ——————————— INDUSTRIAL SPECIALISTS, LLC, Appellant V. BLANCHARD REFINING COMPANY LLC AND MARATHON PETROLEUM COMPANY LP, Appellees On Appeal from the 212th District Court Galveston County, Texas Trial Court Case No. 17-CV-1242 MEMORANDUM OPINION Appellant, Industrial Specialists, LLC, has filed a petition for permissive appeal seeking to challenge an interlocutory order denying a motion for partial summary judgment in favor of appellees, Blanchard Refining Company LLC and Marathon Petroleum Company LP. See TEX. CIV. PRAC. & REM. CODE ANN. 09/05/2019 12:27 AM JOHN D. KINARD, District Clerk Galveston County, texas § 51.014(d); 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. Because we conclude that the petition fails to establish each requirement of Rule 28.3(3)(e)(4), we deny the petition for permissive appeal. See TEX. R. APP. 28.3(e)(4). PER CURIAM Panel consists of Chief Justice Radack and Justices Keyes and Higley. 2