Court of Civil Appeals of Texas, 2024

In Re Dickinson Forty, LLC, Binnacle Development, LLC , And Jerry LeBlanc v. the State of Texas

In Re Dickinson Forty, LLC, Binnacle Development, LLC , And Jerry LeBlanc v. the State of Texas
Court of Civil Appeals of Texas · Decided December 17, 2024

In Re Dickinson Forty, LLC, Binnacle Development, LLC , And Jerry LeBlanc v. the State of Texas

Opinion

Opinion issued December 17, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00243-CV ——————————— IN RE DICKINSON FORTY, LLC, BINNACLE DEVELOPMENT, LLC , AND JERRY LEBLANC, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators Dickinson Forty, LLC, Binnacle Development, LLC, and Jerry LeBlanc filed a petition for writ of mandamus complaining of the trial court’s February 9, 2024 order denying relators’ motion to designate a responsible third party and the trial court’s March 12, 2024 order granting real party in interest Adams Homes Lone Star, LLC’s motion to strike relators’ amended answer.1 A response was requested and filed by Adams Homes and real party in interest Lexington 26, L.P. d/b/a Colina Homes.

We deny the petition. See TEX. R. APP. P. 52.8. Any pending motions are dismissed as moot. The stay imposed by this Court’s order of April 16, 2024 is lifted.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.

The underlying case is Lexington 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 Robinson presiding.

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