The Dallas Court of Appeals continues to be a difficult place to get a permissive interlocutory appeal. In this instance, a defendant in a breach of contract case attempted to appeal the denial of its motion for partial summary judgment, which had sought to establish that it could terminate its lease because of the cancellation of two government contracts. The Court of Appeals noted that while the interpretation of an unambiguous contract is question of law, it was not a controlling question of law in this case. The Court also pointed to the existence of several other issues in the lawsuit, concluding that the resolution of the contract issue would not advance the ultimate termination of the litigation. The Court therefore denied the petition for permission to appeal.
Trailblazer Health Enterprises, LLC v. Boxer F2, L.P., No. 05-13-01158-CV