D & R USA Enterprise, Inc. Saherish Business, Inc., D/B/A Texas Food Mart And Samoda, Inc., D/B/A Amigo Food Mart v. SCF RC Funding IV, LLC Essential Properties Realty Trust, LLC, A/K/A SCF Realty Group. LLC Mountain Express Oil Company and Trujo Wadud, Individually
D & R USA Enterprise, Inc. Saherish Business, Inc., D/B/A Texas Food Mart And Samoda, Inc., D/B/A Amigo Food Mart v. SCF RC Funding IV, LLC Essential Properties Realty Trust, LLC, A/K/A SCF Realty Group. LLC Mountain Express Oil Company and Trujo Wadud, Individually
Opinion
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: D & R USA Enterprise, Inc., Saherish Business, Inc. d/b/a Texas Food Mart, and Samoda, Inc. d/b/a Amigo Food Mart v. SCF RC Funding IV, LLC, Essential Properties Realty Trust, LLC a/k/a SCF Realty Group, LLC, Mountain Express Oil Company, and Trujo Wadud, Individually Appellate case number: 01-22-00018-CV Trial court case number: 2021-47779 Trial court: 127th District Court of Harris County On September 13, 2022, this Court requested a response from Appellants D & R USA Enterprise, Inc., Saherish Business, Inc. d/b/a Texas Food Mart, and Samoda, Inc. d/b/a Amigo Food Mart to the Joint Motion to Dismiss Appeal for Want of Jurisdiction (“Motion to Dismiss”) filed by Appellees SCF RC Funding IV, LLC, Essential Properties Realty Trust, LLC a/k/a SCF Realty Group, LLC, Mountain Express Oil Company, and Trujo Wadud, Individually. We ordered Appellants to file a response to Appellees’ Motion to Dismiss by September 23, 2022.
On September 19, 2022, Appellants filed a Motion for Extension of Time for Filing Response to Appellees’ Motion to Dismiss, requesting an extension until October 23, 2022. On September 22, 2022, Appellees filed a “Joint Statement to the Court” in which they asked that Appellants be given a ten-day extension, rather than the thirty-day extension Appellants requested, asserting “an extension of time of 30 days is unnecessarily lengthy for a letter brief addressing narrow jurisdictional issues” and because Appellees’ brief is due October 14, 2022.
Appellants’ Motion for Extension of Time is granted in part. Appellants’ response to Appellees’ Motion to Dismiss is due October 14, 2022.
Appellees’ brief is due November 18, 2022.
It is so ORDERED.
Judge’s signature: /s/ Veronica Rivas-Molloy Acting individually
Date: September 29, 2022
Case-law data current through December 31, 2025. Source: CourtListener bulk data.