Sealy Emergency Room, LLC and Chaethana Yalamanchili, M.D. v. Susan Brown Leschper, as Joint Managing Conservator of Chrisitan Carl Gaitan, Minor Child

Opinion issued February 4, 2020

In The

Court of Appeals

For The

First District of Texas

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NO. 01-19-00923-CV

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SEALY EMERGENCY ROOM, LLC AND CHAETHANA

YALAMANCHILI, M.D., Appellants

V.

SUSAN BROWN LESCHPER, AS JOINT MANAGING CONSERVATOR

OF CHRISITAN CARL GAITAN, MINOR CHILD, Appellee

On Appeal from the 155th District Court

Austin County, Texas

Trial Court Case No. 2017V-0028

MEMORANDUM OPINION

Appellants, Sealy Emergency Room, LLC and Chaethana Yalamanchili,

M.D., have filed a petition for permissive appeal seeking to challenge an

interlocutory order denying their traditional and no-evidence motions for summary

judgment in favor of appellee, Susan Brown Leschper, as Joint Managing

Conservator of Christian Carl Gaitan, Minor Child. See TEX. CIV. PRAC. & REM.

CODE ANN. § 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.

PER CURIAM

Panel consists of Justices Keyes, Goodman, and Countiss.

Justice Keyes dissenting without opinion.

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