City of Colleyville, Texas v. Mart, Inc.

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-25-00276-CV

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CITY OF COLLEYVILLE, TEXAS, Appellant V.

MART, INC., Appellee

On Appeal from the 236th District Court Tarrant County, Texas

Trial Court No. 236-353845-24

Before Walker, J.; Sudderth, C.J.; and Wallach, J.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION

We have considered Appellant City of Colleyville’s petition for permissive appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d), (f); Tex. R. App. P. 28.3(a). We grant the petition. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f).

In the interlocutory appeal, we will determine the following issue: Did the trial court err by finding that the liquidated damages clause in section 7(D) of the contract between the City and Appellee Mart, Inc. was an unenforceable penalty provision? The City’s notice of appeal is deemed filed today. See id.; Tex. R. App. P. 28.3(k). The appeal will be governed by the rules for accelerated appeals. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(f); Tex. R. App. P. 28.1, 28.3(k). The City must file a copy of this memorandum opinion and order with the trial court clerk. See Tex. R. App. P. 28.3(k).

Per Curiam

Delivered: July 1, 2025