Opinion
01-23-00975-CV
01-09-2024
IN RE MOSAIC BAYBROOK ONE, L.P., MOSAIC BAYBROOK TWO, L.P., AND MOSAIC RESIDENTIAL, INC., Relators
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Goodman, Countiss, and Farris.
MEMORANDUM OPINION
PER CURIAM
Relators have filed a petition for writ of mandamus challenging (1) the trial court's November 9, 2023 order striking relators' counterclaim as untimely, (2) the trial court's November 9, 2023 order striking relators' affirmative defenses as untimely, and (3) the trial court's December 18,2023 order carrying relators' motion for reconsideration of the orders until the February 15, 2024 class certification hearing. We deny the petition. Relators' motion for an emergency stay of the February 15, 2024 class certification hearing is dismissed as moot.
The underlying case is Tammy Cessor v. Baybrook Village, Mosaic Baybrook One, LP, Mosaic Baybrook Two, LP, and Mosaic Residential, Inc., cause number 2017-12564, pending in the 215th District Court of Harris County, Texas, the Honorable Elaine H. Palmer presiding.
Farris, J., dissenting to the denial of the petition without requesting a response.