Opinion
01-21-00379-CV
08-23-2022
IN RE FLC PARKWAY LP, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Rivas-Molloy, and Guerra.
MEMORANDUM OPINION
PER CURIAM.
Relator, FLC Parkway LP, and real parties in interest, Lake Olympia One Owner, LP; Lake Olympia One Owner GP, LLC; Lake Olympia Land GP, LLC; Lake Olympia Two, Ltd.; Lake Olympia Three, Ltd.; Frank Liu; Sage Interests, Inc.; Kirby Title, LLC; Western General Holding Company; Steven J. Gibson; Rocky Lai; and Rocky Lai & Associates, Inc., have filed a joint motion to dismiss this mandamus proceeding. The parties state that they have entered into a binding settlement agreement that resolves all issues in the mandamus proceeding. Accordingly, the parties ask this Court to dismiss this proceeding as moot.
The underlying case is Fagio Joint Venture and LK Fund I, LP, Individually and Derivatively on behalf of FLC Parkway, LP v. Rocky Lai & Associates, Inc.; Rocky Lai, Individually; Lake Olympia One Owner, LP; Lake Olympia One Owner GP, LLC; Lake Olympia Two, Ltd.; Lake Olympia Three, Ltd.; Frank Liu, Individually; Sage Interests, Inc.; Kirby Title, LLC; Steven Gibson, Individually; and Western General Holding Company; and PCCP Credit X Reit-Sub Holdco, LLC, cause number 21-DCV-282949, pending in the 434th District Court of Fort Bend County, Texas, the Honorable Christian Becerra presiding.
We grant the motion and dismiss this proceeding as moot. Any pending motions are also dismissed as moot. We withdraw the July 13, 2021 order of this Court staying the trial court's July 9, 2021 order granting the motion to expunge the lis pendens.