City of Pasadena, Jeff Wagner and Robin Green v. APTVV, LLC and APTPCY, LLC

Opinion

Order issued March 9, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-20-00287-CV ——————————— CITY OF PASADENA, JEFF WAGNER, AND ROBIN GREEN, Appellants V. APTVV, LLC AND APTPCY, LLC, Appellees

On Appeal from the 334th District Court Harris County, Texas Trial Court Case No. 2018-25740

ORDER

Supplemental briefing by the parties is required prior to the Court’s

determination of the issues raised in this appeal. Accordingly, the parties are

ordered to file supplemental briefs that address the following two topics:

1. With citations to legal authority, analysis of whether the (a) Nivens v. City of League City, 245 S.W.3d 470 (Tex. App.—Houston [1st Dist.] 2007, pet. denied), and Anheuser-Busch, L.L.C. v. Harris Cty. Tax Assessor-Collector, 516 S.W.3d 1 (Tex. App.—Houston [1st Dist.] 2016, pet denied), cases can be reconciled with the (b) Bland Ind. Sch. Dist., 34 S.W.3d 547 (Tex. 2000), and Perez v. Turner, — S.W.3d —, No. 01-16-00985-CV, 2019 WL 5243107 (Tex. App.—Houston [1st Dist.] Oct. 17. 2019, pet. filed) (op. on reh’g), cases and, if not, why one set of cases controls as to the jurisdictional issue raised in this appeal.

2. With citations to legal authority, analysis of the duress requirement discussed in Nivens and Anheuser-Busch, which cites to Miga v. Jensen, 96 S.W.3d 207, 211, 224–45 (Tex. 2002) (majority and dissenting opinions). This includes the types of duress that qualify and the severity of duress that must be shown.

Appellants’ supplemental brief and Appellees’ supplemental brief are due no

later than March 29, 2021. Both briefs are limited to no more than 4,500 words.

It is so ORDERED.

Judge’s signature: _/s/ Sarah Beth Landau ________________________ Acting Individually