in Re Lexington 26, L.P. D/B/A Colina Homes

• Court: Court of Appeals of Texas
• Decided: February 10, 2023
• Docket: 01-23-00082-CV
• Status: Published

Opinion

Opinion issued February 10, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00082-CV ——————————— IN RE LEXINGTON 26, L.P. D/B/A COLINA HOMES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Lexington 26, L.P. d/b/a Colina Homes, has filed a petition for writ

of mandamus, complaining of the trial court’s February 2, 2023 order denying

relator’s motion for summary judgment.1 We deny the petition.

1 The underlying case is Lexington Homes 26, L.P. d/b/a Colina Homes v. Dickinson Forty, LLC and Adams Homes Lone Star, LLC, cause number 21-CV-0871, pending in the 405th District Court of Galveston County, Texas, the Honorable Jared S. Robinson presiding. Real parties in interest are a group of homeowners who intervened in relator’s

lawsuit against other defendants, alleging that relator made affirmative

misrepresentations to induce the homeowners to purchase their homes. Relator filed

a traditional motion for summary judgment contending that the homeowners’ claims

were barred by former Property Code Section 5.014(d). The homeowners filed a

response, and the trial court signed an order on February 2, 2023, denying relator’s

motion for summary judgment.

After reviewing the petition and mandamus record, we conclude that relator

has failed to comply with certain procedural requirements. See TEX. R. APP. P.

52.3(j); 52.7(1)(1). Moreover, relators have not established entitlement to

mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36

(Tex. 2004).

Accordingly, we deny the petition. See Tex. R. App. P. 52.8. Any pending

motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.