In Re FPG Stone Oak LLC D/B/A Sonterra Height Apartmnets Stone Oak FPG I, L.P. FPG Stone Oak GP, LLC v. the State of Texas

Court of Appeals of Texas

In Re FPG Stone Oak LLC D/B/A Sonterra Height Apartmnets Stone Oak FPG I, L.P. FPG Stone Oak GP, LLC v. the State of Texas

Court of Appeals of Texas·Decided April 19, 2023·No. 04-23-00324-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00324-CV

IN RE FPG STONE OAK LLC D/B/A SONTERRA HEIGHTS APARTMENTS; Stone Oak FPG I, L.P.; FPG Stone Oak GP, LLC, Relators

Original Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: April 19, 2023

PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR TEMPORARY STAY DENIED

On April 6, 2023, relators filed a petition for a writ of mandamus and on April 10, 2023,

relators filed an emergency motion for a temporary stay of the trial. The court has considered

relators’ petition and motion and is of the opinion that relators are not entitled to the relief sought.

Accordingly, relators’ petition for a writ of mandamus and emergency motion for a temporary stay

are denied. See TEX. R. APP. P. 52.8(a).

1 This proceeding arises out of Cause No. 2021CI04105, styled Kara Gardner and William Hall, both Individually, and as Next Friend of [] Hall, a Minor v. FPG Stone Oak LLC, D/B/A Sonterra Heights Apartments, Stone Oak FPG I, L.P., FPB Stone Oak GP, LLC and Lincoln Property Company, pending in the 45th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding; however, the challenged order was signed by the Honorable Rosie Alvarado, presiding judge of the 438th Judicial District Court, Bexar County, Texas.

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Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00324-CV

IN RE FPG STONE OAK LLC D/B/A SONTERRA HEIGHTS APARTMENTS; Stone Oak FPG I, L.P.; FPG Stone Oak GP, LLC, Relators

Original Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: April 19, 2023

PETITION FOR WRIT OF MANDAMUS DENIED; EMERGENCY MOTION FOR TEMPORARY STAY DENIED

On April 6, 2023, relators filed a petition for a writ of mandamus and on April 10, 2023,

relators filed an emergency motion for a temporary stay of the trial. The court has considered

relators’ petition and motion and is of the opinion that relators are not entitled to the relief sought.

Accordingly, relators’ petition for a writ of mandamus and emergency motion for a temporary stay

are denied. See TEX. R. APP. P. 52.8(a).

1 This proceeding arises out of Cause No. 2021CI04105, styled Kara Gardner and William Hall, both Individually, and as Next Friend of [] Hall, a Minor v. FPG Stone Oak LLC, D/B/A Sonterra Heights Apartments, Stone Oak FPG I, L.P., FPB Stone Oak GP, LLC and Lincoln Property Company, pending in the 45th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding; however, the challenged order was signed by the Honorable Rosie Alvarado, presiding judge of the 438th Judicial District Court, Bexar County, Texas.

In Re FPG Stone Oak LLC D/B/A Sonterra Height Apartmnets Stone Oak FPG I, L.P. FPG Stone Oak GP, LLC v. the State of Texas, (Tex. Ct. App. 2023).

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In Re FPG Stone Oak LLC D/B/A Sonterra Height Apartmnets Stone Oak FPG I, L.P. FPG Stone Oak GP, LLC v. the State of Texas (In Re FPG Stone Oak LLC D/B/A Sonterra Height Apartmnets Stone Oak FPG I, L.P. FPG Stone Oak GP, LLC v. the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.