In Re Galleria 2425 Owner, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 4, 2023
• Docket: 14-23-00911-CV
• Status: Published

Opinion

Petition for Writ of Injunction Denied and Memorandum Opinion filed December 4, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00911-CV

IN RE GALLERIA 2425 OWNER, LLC, Relator

ORIGINAL PROCEEDING WRIT OF INJUNCTION 281st District Court Harris County, Texas Trial Court Cause No. 2023-22748

MEMORANDUM OPINION

On December 1, 2023, relator Galleria 2425 Owner, LLC filed in this court a petition for a writ of injunction. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In its petition, relator asks this court to “issue a writ of injunction to enjoin Lender from foreclosing on the Property during the pendency of the interlocutory appeal.” On November 29, 2023, the Honorable Christine Weems, presiding judge of the 281st District Court of Harris County, denied relator’s application for a temporary injunction. Foreclosure by the real party in interest, National Bank of Kuwait S.A.K.P., New York Branch, is allegedly scheduled to take place on December 5, 2023.

In addition to filing the petition for a writ of injunction, on December 1, 2023, relator also filed a notice of appeal from the trial court’s order denying the temporary injunction. Tex. Civ. Prac. & Rem. Code § 51.014(a)(4). The interlocutory appeal is pending before this court in Galleria 2425 Owner, LLC v. National Bank of Kuwait, S.A.K.P., New York Branch, Case No. 14-23-00909-CV.

Thereafter, relator filed a supplemental petition; the real party in interest filed a response in opposition to the petition; and the relator filed a reply.

Relator has not established that it is entitled to injunctive relief. Accordingly, we deny relator’s petition for writ of injunction.

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain.