Background
610 Buffalo Crossing, LLC sought mandamus relief in an underlying lawsuit against Neptune Contractors, LLC and Haskin Marketing, LLC. The case was pending before Judge Jim F. Kovach in Harris County Civil Court at Law No. 2.
The relator asked the First Court of Appeals to direct the trial court to vacate its June 5, 2026 order and a July 8, 2026 order setting the case for trial. It also sought an order prohibiting the trial court from taking further action in the case.
The Court’s Holding
In a per curiam memorandum opinion, the court denied the petition for a writ of mandamus. The opinion cited Texas Rules of Appellate Procedure 52.3(l)(1)(B), 52.7(a)(1), and 52.8(a).
The court provided no additional factual or legal analysis explaining the denial. It also dismissed all pending motions as moot.
Key Takeaways
- The court refused to order the trial court to vacate either challenged order.
- The court declined to prohibit further proceedings in the underlying lawsuit.
- Any motions still pending in the mandamus proceeding were dismissed as moot.
Why It Matters
The decision leaves the challenged trial-court orders in place and permits the underlying case to proceed. Because the court issued a brief memorandum opinion without substantive analysis, the decision offers limited guidance beyond its application of the cited appellate-procedure rules to this petition.