Dougherty v. Northern Trust Company

Decision Date01 July 2022
Docket Number22-0016
Citation647 S.W.3d 708 (Mem)
Parties Mary Patricia DOUGHERTY, Petitioner, v. The NORTHERN TRUST COMPANY, Respondent
CourtTexas Supreme Court

Mary Kaylan Dunn, Georgia Lee Lucier, Houston, for Respondent.

J. Don Jackson, Houston, Michelle Rose Meriam Blair, for Petitioner.

PER CURIAM

The court of appeals’ opinion failed to advise the parties of the basic reasons for its decision to refuse this permissive appeal as Texas Rule of Appellate Procedure 47.4 requires. See Indus. Specialists v. Blanchard Refin. Co. , ––– S.W.3d ––––, –––– – ––––, 2022 WL 2082236, at *6-7 (Tex. 2022) (plurality op.); id. at –––– – ––––, 2022 WL 2082236 at *10-13 ( BUSBY , J., dissenting). Notwithstanding the court of appeals’ refusal to accept the appeal, this Court has jurisdiction to review the trial court's interlocutory order on the merits. See Indus. Specialists , ––– S.W.3d at –––– n.15, 2022 WL 2082236, at *7 n.15 ; Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa AG , 567 S.W.3d 725, 733-34 (Tex. 2019). Exercising this Court's discretion under Texas Government Code section 22.001(a) and Texas Rule of Appellate Procedure 56.1, however, we deny the petition for review.

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  • Mosaic Baybrook One, L.P. v. Simien
    • United States
    • Texas Supreme Court
    • 21 d5 Abril d5 2023
    .... . . regardless of how the court of appeals exercises its discretion over the permissive appeal."). Accord Dougherty v. N. Tr. Co., 647 S.W.3d 708, 709 (Tex. 2022) (per curiam) ("Notwithstanding the court of appeals' refusal to accept the appeal, this Court has jurisdiction to review the t......

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