CourtListener 10772868•Jesus Castillo v. H-E-B, LP
Full text
NUMBER 13-25-00630-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JESUS CASTILLO, Appellant,
v.
H-E-B, LP, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 2
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña
Appellant Jesus Castillo has filed a petition for permissive interlocutory appeal
seeking to challenge the trial court’s order granting appellee H-E-B, LP’s motion to
withdraw deemed admissions as to “HEB,” a non-entity/improper party.
Generally, an order that does not dispose of all claims and all parties is
interlocutory and is not an appealable order. Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa
AG, 567 S.W.3d 725, 730 (Tex. 2019). To be entitled to a permissive appeal from an
interlocutory order that is not otherwise appealable, the requesting party must establish
to the trial court that (1) the order “involves a controlling question of law as to which there
is a substantial ground for difference of opinion” and (2) allowing an immediate appeal
“may advance the ultimate termination of the litigation.” TEX. CIV. PRAC. & REM. CODE
§ 51.014(d); see also TEX. R. APP. P. 28.3 (setting out the requirements for permissive
appeals in civil cases). If the trial court grants permission to appeal, we may accept the
appeal if the appeal is warranted under the foregoing criteria. TEX. CIV. PRAC. & RED. CODE
§ 51.014(f); see Sabre, 567 S.W.3d at 732 (“Texas courts of appeals have discretion to
accept or deny permissive interlocutory appeals certified under section 51.014(d) . . . .”).
Having reviewed Castillo’s petition and the record documents attached thereto,
this Court is of the opinion that Castillo has not shown its entitlement to permissive
interlocutory appeal. Accordingly, we deny the petition for permissive interlocutory appeal,
and we dismiss the appeal for want of jurisdiction. We further dismiss all pending motions
as moot.
L. ARON PEÑA JR.
Justice
Delivered and filed on the
8th day of January, 2026.
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