Print or Print to SAVE AS PDF. ACCEPTED 15-25-00223-CV
Appellate Docket Number: 15-25-00223-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: City Choice Group, LLC AUSTIN, TEXAS Vs. TMC Grand Blvd Land Company, LLC and BCEGI Grand Blvd Manager, LLC 2:41 PM 12/12/2025
Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS
DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 12/12/2025 2:41:03 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER
Clerk
NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.
I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Select Name: City Choice Group, LLC Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency: Address: 1314 Roy Street Address 1: City/State/Zip: Houston, TX 77007 Address 2: Tel. (713) 681-5858 Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax: II. Appellant Attorney(s) Email:
Lead Attorney Retained Attorney Lead Attorney Select Name: Adam P. Schiffer Name: Bar No. 17745763 Bar No.
Firm/Agency: Brown Rudnick LLP Firm/Agency:
Address 1: 609 Main Street Address 1: Address 2: Suite 3550 Address 2:
City/State/Zip: Houston, Texas 77002 City/State/Zip: Tel. (281) 849-9851 Ext. Fax: (281) 605-5699 Tel. Ext. Fax:
Email: aschiffer@brownrudnick.com Email:
Lead Attorney Select Lead Attorney Select Name:
Name:
Bar No.
Bar No.
Firm/Agency:
Firm/Agency:
Address 1:
Address 1:
Address 2:
Address 2:
City/State/Zip:
City/State/Zip:
Tel. Ext. Fax:
Tel. Ext. Fax:
Email:
Email:
III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: TMC Grand Blvd Land Company, LLC Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency: Address: 7670 Woodway, Suite 160 Address 1: City/State/Zip: Houston, TX 77063 Address 2: Tel. (713) 266-8990 Ext. Fax: City/State/Zip: Email: monzer@medistarcorp.com Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select
Name: Joseph A. Fischer, III Name: Bar No. 00789292 Bar No. Firm/Agency: Jackson Walker LLP Firm/Agency: Address 1: 1401 McKinney Street Address 1: Address 2: Suite 1900 Address 2: City/State/Zip: Houston, Texas 77010 City/State/Zip: Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax: Email: tfischer@jw.com Email:
Lead Attorney Retained Attorney Lead Attorney Select
Name: Chevazz G. Brown Name: Bar No. 24059498 Bar No. Firm/Agency: Jackson Walker LLP Firm/Agency: Address 1: 1401 McKinney Street Address 1: Address 2: Suite 1900 Address 2: City/State/Zip: City/State/Zip: Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax: Email: cgbrown@jw.com Email:
V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Contract Date Order or Judgment signed: 11/14/2025 Type of Judgment: Summary Judgment Date Notice of Appeal filed in Trial Court: 12/02/2025 If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
If yes, is the Attorney General of Texas a party to the case? Yes No
VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No
Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?
Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court and Record Court: Texas Business Court, Division 11A Clerk’s Record County: Harris Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No 24-BC11A-0002 If yes, date requested: 12/02/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: Hon. Sofia Adrogué Were payment arrangements made with clerk?
Address 1: 1301 Fannin Street ✔ Yes No Indigent Address 2: 3rd Floor (Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Houston, Texas 77002 Tel. (713) 274-1066 Ext. Fax: Email: BCDivision11A@txcourts.gov
IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 12/11/2025 If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Donna Goree Name: Address 1: 300 West 15th Street Address 1: Address 2: Suite 606 Address 2: City/State/Zip: Austin, TX 78701 City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: donna.goree@txcourts.gov Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No
XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No If no, please specify: Appellant seeks specific performance of a contract, so mediation would be ineffective.
Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify:
Type of Case? Contract Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Trial court erred in holding the parties' Purchase and Sale Agreement should not be subject to specific performance based on an equivocal and contingent email that was insufficient to constitute a termination under the Agreement's notice provisions. Trial court erred by not releasing lis pendens. De novo standard.
How was the case disposed of? Final Judgment on a Motion for Summary Judgment Summary of relief granted, including amount of money judgment, and if any, damages awarded.
If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): $ 262,061.50 Attorney’s fees (appellate): Other:
If other, please specify: Declaratory Judgment that the PSA was terminated and attorneys' fees Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality:
XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email:
Languages other than English in which the mediator should be proficient:
Name of the person filling out mediation section of docketing statement:
Camille Loftin, Esq. (Brown Rudnick LLP)
XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs.
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). The trial court erred in determining the parties' Purchase and Sale Agreement (PSA) should not be subject to specific performance, despite Appellees' breach of the PSA through Appellees' refusal to close the transaction after the inspection period. First the court erroneously determined that the PSA was terminated based on an equivocal and contingent email that was insufficient to constitute a termination notice under the PSA's notice provision. Second, the trial court erred in determining that the PSA was not an option contract and thus erroneously determined that the parties should not be subject to strict compliance with the PSA's notice standards. Third, the trial court erred in determining that Appellant is estopped from invoking the PSA's notice provision. The trial court further erred in determining that Appellant's lis pendens claim was moot, thereby erroneously determining not to release the lis pendens on the property. Appellant seeks reversal of the trial court's decision not to compel specific performance of the PSA and decision not to release the lis pendens on the property. The issues of contract interpretation will be reviewed de novo.
Please enter the following for each person served: Date Served: 12/12/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Joseph A. Fischer, III Name: Bar No. 00789292 Bar No. Firm/Agency: Jackson Walker LLP Firm/Agency: Address 1: 1401 McKinney Street Address 1: Address 2: Suite 1900 Address 2: City/State/Zip: Houston, Texas 77010 City/State/Zip: Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax: Email: tfischer@jw.com Email: Party: Appellees Party:
Date Served: 12/12/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Chevazz G. Brown Name: Bar No. 24059498 Bar No. Firm/Agency: Jackson Walker LLP Firm/Agency: Address 1: 1401 McKinney Street Address 1: Address 2: Suite 1900 Address 2: City/State/Zip: Houston, Texas 77010 City/State/Zip: Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax: Email: cgbrown@jw.com Email: Party: Appellees Party:
Date Served: 12/12/2025 Manner Served: eServe Name: Adam P. Schiffer Bar No. 17745763 Firm/Agency: Brown Rudnick LLP Address 1: 609 Main Street Address 2: Suite 3550 City/State/Zip: Houston, TX 77002 Tel. (281) 849-9851 Ext. Fax: (281) 605-5699 Email: aschiffer@brownrudnick.com Party: Appellant
Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
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Docketing Statement Continued
Additional Parties and Attorneys
SECTION III. Appellee:
• Organization • Name: BCEGI Grand Blvd Manager, LLC • Address: 9 East Loockerman Street, Suite 311, Dover, DE 19901 • Phone: 888-682-4368 • Fax: N/A • Email: N/A
SECTION IV. Attorneys for Appellee BCEGI Grand Blvd Manager
• Lead Attorney—Retained Attorney o Name: Joseph A. Fischer, III o Bar No.: 00789292 o Firm/Agency: Jackson Walker LLP o Address: 1401 McKinney Street, Suite 1900 Houston, Texas 77010 o Tel.: (713) 752-4200 o Fax: (713) 754-4221 o Email: tfischer@jw.com
• Attorney—Retained Attorney o Name: Chevazz G. Brown o Bar No.: 24059498 o Firm/Agency: Jackson Walker LLP o Address: 1401 McKinney Street, Suite 1900 Houston, Texas 77010 o Tel.: (713) 752-4200 o Fax: (713) 754-4221 o Email: cgbrown@jw.com
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Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Steven Page on behalf of Adam Schiffer Bar No. 17745763 spage@brownrudnick.com Envelope ID: 109048991 Filing Code Description: Docketing Statement Filing Description: Appellant's Docketing Statement Status as of 12/12/2025 3:16 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Joseph Fischer 789292 tfischer@jw.com 12/12/2025 2:41:03 PM SENT
Chevazz Brown 24059498 cgbrown@jw.com 12/12/2025 2:41:03 PM SENT
Adam Schiffer aschiffer@brownrudnick.com 12/12/2025 2:41:03 PM SENT