Opinion issued December 1 5 , 2020

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 20 - 00714 - CV

——————————— HOUSTON FOAM PLASTICS, INC. , Appella nt

V. MARCUS ANDERSON , Appell e e On Appeal from the 11th District Court Harris County, Texas Trial Court Ca se No. 2018 - 55510
MEMORANDU M OPINION Appellant, Houston Foam Plastics, Inc., has filed a petition for permissive appeal from an interlocutory order denying its motion for summary judgment. See T EX . C IV . P RAC . & R EM . C ODE § 51.014(d) (authorizing trial court to permit interlocutory appeal from otherwise unappealable interlocutory or der under certain2

circumstances) , (f) (requiring party seeking to appeal to petition appellate court for permission) ; T EX . R. C IV . P
. 168 (governing procedure for trial court granting permission to appeal); T EX . R. A PP . P
. 28.3 (governing procedure for fil ing petition for permissive appeal). Under Texas Rule of Civil Procedure 168 , a trial court may permit an appeal from an otherwise unappealable interlocutory order. T EX . R. C IV . P . 168. To do so, the trial court must sign a written order stating, in relevan t part, its permission to appeal. See id. Without a written order stating the trial court ’ s permission, no basis for filing a petition for permissive appeal exists. See Hebert v. JJT Constr ., 438 S.W.3d 139, 142 (Tex. App.

— Houston [14th Dist.] 2014, no pet .). Here, appellant acknowledges that it has not obtained the trial court’s permission to appeal the interlocutory order. Instead, appellant asserts in its petition that (1) appellant is in the process of requesting an order from the trial court granting permission to appeal and (2) it was necessary for appellant to file its petition now because the fifteen

- day time period provided under Section 51.014(d) for filing the petition with our Court runs from the signing of the “the order to be appealed .” T EX . C IV . P RAC . & R EM . C ODE § 51.014(f). As discussed below, a ppellant’s attempt to justify the premature filing of its petition prior to obtaining the trial court’s permission ignores the applicable rules.3

Rule 168 provides that the trial court “may p ermit an appeal from an interlocutory order that is not otherwise appealable,” but it also specifies that “[p]ermission must be stated in the order to be appealed.” T EX . R. C IV . P
. 168
. Recognizing that an interlocutory order may issue without the necessar y permission having been included, the rule further provides that “[a]n order previously issued may be amended to include such permission.” Id . T exas Rule of Appellate Procedure 28.3(c) provides that, if an interlocutory order is amended by the trial court to include the requisite permission, “the time to petition the court of appeals runs from the date the amended order is signed.” T EX . R. A PP . P. 28.3(c); see Colvin v. B. Spencer & Assocs., P.C. , No. 01

– 15

– 00247

– CV, 2015 WL 2228728, at *2 (Tex. App.

— Houst on [1st Dist.] May 12, 2015, no pet.) (mem. op.) (per curiam). Accordingly, we deny appellant’s petition for permissive appeal because appellant has not obtained the required permission from the trial court . We express no opinion on the merits of the petit ion. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Goodman, Landau, and Adams.