William Korioth WTK Development, LLC Kona Coast LLC Guadalupe 306, LP And Guadalupe 306 GP, LLC v. Whitewater Investment Partners, LLC Oxbow Land Partners, LLC Hideout on the Horseshoe, LLC Whitewater Sports, LLC And Kona Coast Venture, LTD ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00683-CV
William Korioth; WTK Development, LLC; Kona Coast LLC; Guadalupe 306, LP; and
Guadalupe 306 GP, LLC, Appellants
v.
Whitewater Investment Partners, LLC; Oxbow Land Partners, LLC; Hideout on the
Horseshoe, LLC; Whitewater Sports, LLC; and Kona Coast Venture, LTD, Appellees
FROM THE 274TH DISTRICT COURT OF COMAL COUNTY
NO. C2021-0823C, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants William Korioth; WTK Development, LLC; Kona Coast LLC;
Guadalupe 306, LP; and Guadalupe 306 GP, LLC, have filed a petition for permissive appeal
seeking to challenge an interlocutory order denying their motion for summary judgment.
(Appellees’ cross motion for summary judgment was also denied, and they
include conditional cross points in their brief, but they generally oppose the petition for
permissive appeal.)
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
§ 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(e)(4), we deny the petition
for permissive appeal. See Tex. R. App. P. 28.3(e)(4).
__________________________________________
Edward Smith, Justice
Before Justices Baker, Smith, and Jones*
Filed: May 2, 2023
*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by
assignment. See Tex. Gov’t Code § 74.003(b).
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