Jesus Castillo v. H-E-B, LP

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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