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Click here for the full text of this decision FACTS: In the underlying action, the trial court granted a new trial. The appellant attempted an appeal. This court asked the appellant to explain how jurisdiction was appropriate. The appellant claims that an appellate court’s ability to permit an appeal under Civ. Prac. & Rem. Code �51.014(f) is “purely discretionary” and independent of any limitations in �51.014(d). HOLDING: Dismissed for lack of jurisdiction. Subsection (d) allows for interlocutory appeals not otherwise appealable if the parties agree that the order involves a controlling question of law over which substantial grounds for difference of opinion exists. It also requires that an appeal would materially advance the termination of the agreement, and that the parties agree to the order. Meanwhile, under subsection (f), an appeals court “may permit” an otherwise non-appealable order only if the appeal is ordered by the trial court pursuant to the terms of subsection (d). The court rejects the appellant’s contention that an appellate court has authority under subsection (f) “to review any order desirable.” OPINION: Moseley, J.; Moseley, Bridges and Lang-Miers, JJ.

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