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Click here for the full text of this decision FACTS:Arthur Handsel sued his former employer, Diamond Products International, after his job was terminated. DPI filed a motion for summary judgment, which the trial court denied. The trial court signed an order authorizing an interlocutory appeal. Though DPI did not file an application for permission to appeal to this court, it did filed a timely notice of appeal. HOLDING:Dismissed. The court agrees that Civil Practice & Remedies Code �51.014(d) allows a trial court to issue a written order for interlocutory appeal when: 1 the parties agree that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion; 2 an immediate appeal from the order may materially advance the ultimate termination of the litigation; and 3. the parties agree to the order. The court confirms that the notice of appeal filed by DPI, even though it was filed without an application to appeal, was a bona fide attempt to invoke this court’s jurisdiction. Therefore, when an appellant has filed a timely notice of appeal, the failure to file an application for permission to appeal pursuant to �51.014(f) does not deprive this court of jurisdiction over the appeal. Nonetheless, the parties’ desire to obtain an advance ruling on the summary judgment ground alleged in the motion before proceeding to trial is not of the type of permissive appeals of summary judgment contemplated by �51.014(d). “Instead, permissive appeals should be reserved for determination of controlling legal issues necessary to the resolution of the case. While the issue in the summary judgment is central to [Handsel's] claim, its resolution does not rest on a controlling legal issue or materially advance the termination of the litigation.” OPINION:Seymore, J. Frost, Edelman and Seymore. CONCURRENCE:Frost, J. CONCURRENCE:Edelman, J., concurs in the result only.

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