In Re Mosaic Baybrook One, L.P. and Mosaic Baybrook Two, L.P., and Mosaic Residential, Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2024
• Docket: 01-23-00975-CV
• Status: Published

Opinion

Opinion issued January 9, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00975-CV ——————————— IN RE MOSAIC BAYBROOK ONE, L.P., MOSAIC BAYBROOK TWO, L.P., AND MOSAIC RESIDENTIAL, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators have filed a petition for writ of mandamus challenging (1) the trial

court’s November 9, 2023 order striking relators’ counterclaim as untimely, (2) the

trial court’s November 9, 2023 order striking relators’ affirmative defenses as

untimely, and (3) the trial court’s December 18, 2023 order carrying relators’ motion

for reconsideration of the orders until the February 15, 2024 class certification hearing.1 We deny the petition. Relators’ motion for an emergency stay of the

February 15, 2024 class certification hearing is dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.

Farris, J., dissenting to the denial of the petition without requesting a response.

1 The underlying case is Tammy Cessor v. Baybrook Village, Mosaic Baybrook One, LP, Mosaic Baybrook Two, LP, and Mosaic Residential, Inc., cause number 2017- 12564, pending in the 215th District Court of Harris County, Texas, the Honorable Elaine H. Palmer presiding.