Sorry, no permissive appeal today.

The appellate bar is still getting used to section 51.014(d) of the Civil Practice & Remedies Code, under which a “permissive” interlocutory appeal may proceed under certain circumstances. In Hartford Accident & Indemnity Co. v. Seagoville Partners, after initially granting leave to appeal under that section, the Fifth Court reconsidered whether the trial court had in fact made “a substantive ruling on a controlling question of law” as required by the statute. After thoroughly reviewing the procedural posture of the case, the Court concluded that the trial court could have also decided on the basis of whether the evidence was sufficient to raise a fact issue under the legal standard advocated by the appellant. Accordingly, it dismissed the appeal. No. 05-15-00760-CV (June 9, 2016) (mem. op.)