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Atascocita Hosp. Holding Grp. v. The State

Court of Appeals of Texas
Feb 1, 2022

PER CURIAM

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2018-88149

Panel consists of Justices Hightower, Countiss, and Guerra.

MEMORANDUM OPINION

PER CURIAM

Appellant, Atascocita Hospitality Holding Group, LP, has filed a petition for permissive appeal seeking to challenge the trial court's interlocutory order excluding the expert opinion presented by appellant. To be entitled to a permissive appeal from an interlocutory order that would otherwise not 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 § 51.014(d). Because we conclude that the petition fails to establish both requirements, we deny the petition.