In Re Cypresswood Retail Partners LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 6, 2024
• Docket: 01-23-00857-CV
• Status: Published

Opinion

Opinion issued June 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00857-CV ——————————— IN RE CYPRESSWOOD RETAIL PARTNERS LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Cypresswood Retail Partners LLC, filed a petition for a writ of

mandamus asserting that the trial court abused its discretion by: (1) denying relator’s

plea to the jurisdiction where there was no order expressly granting leave to join

relator as a third-party defendant to the underlying suit and (2) denying relator “any

right to conduct independent meaningful discovery . . . [and] ordering the parties to trial less than [thirty] days[] after denying” relator’s plea to the jurisdiction.1 Relator

requested that the Court issue a writ of mandamus directing the trial court to vacate

the October 16, 2023 order denying its plea to the jurisdiction and reset the “matter

for trial six months out.”

Our review of relator’s mandamus petition reflects that relator has failed to

establish that it is entitled to mandamus relief. Accordingly, we deny relator’s

petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Any pending motions

are dismissed as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.

1 The underlying case is Rafael Campos v. Wendy A. Buchannon, Cause No. 2020-00186, in the 270th District Court of Harris County, Texas, the Honorable Dedra Davis presiding.