C.R. Devine, Frances Louise Devine, and C.R. Devine, Inc. v. Doh Oil Company
The Devines, consisting of C.R. Devine, Frances Louise Devine, and C.R. Devine, Inc., appealed from an interlocutory summary judgment order denying Doh Oil Company's third motion for summary judgment. The Texas Court of Appeals, Third District, at Austin, evaluated the Devines' petition for a permissive interlocutory appeal. The court has discretion to allow such appeals for orders involving controlling questions of law with substantial grounds for disagreement, which may materially advance litigation termination. However, the Devines failed to demonstrate injury from the order or clearly argue that the certified questions were controlling questions of law with substantial grounds for dispute. Consequently, the court denied the Devines' petition for permissive interlocutory appeal.