Opinion
01-18-00980-CV
10-31-2023
IMT Pavilion III LP and Investors Management Trust Real Estate Group d/b/a IMT Residential v. Victor Mendez, for Himself and All Others Similarly Situated
Trial court: 269th District Court of Harris County Trial court case number: 2015-76253.
ORDER
Gordon Goodman, Justice.
The Supreme Court of Texas vacated our judgment in this appeal and remanded it to this court to reconsider the parties' arguments in light of a trio of recent class-action decisions: Am. Campus Cmtys. v. Berry, 667 S.W.3d 277 (Tex. 2023); Mosaic Baybrook One v. Simien, 674 S.W.3d 234 (Tex. 2023); and Mosaic Baybrook One v. Cessor, 668 S.W.3d 611 (Tex. 2023).
The appellee has filed a motion to set a supplemental briefing schedule, requesting that this court allow each side to file a 5,000-word brief by set deadlines without the possibility of extensions of time. The appellants oppose the proposed word-limit and the disallowance of the possibility of extensions of time, arguing that the parties should rebrief the appeal anew.
The appellee's motion is GRANTED IN PART and DENIED IN PART. In light of the Supreme Court's remand to consider its three class-action decisions, this court ORDERS the parties to file additional briefing of no more than 7,500 words each. These briefs should focus on the Supreme Court's three decisions and how they affect this appeal. The parties shall not file any replies, sur-replies, or other briefing beyond their respective 7,500-word supplements.
The appellants' supplemental brief is due 30 days after the entry of this order.
The appellee's supplemental brief is due 30 days after the appellants file their brief.
The court declines to disallow the parties from seeking an extension or rule on a hypothetical motion for an extension of time in the advance of the filing of such a motion.
It is so ORDERED.