City of Colleyville, Texas v. Mart, Inc.

• Court: Court of Appeals of Texas
• Decided: July 1, 2025
• Docket: 02-25-00276-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00276-CV ___________________________

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