Opinion
01-20-00493-CV
01-11-2024
CAROLYN FROST KEENAN, Appellant v. RIVER OAKS PROPERTY OWNERS, INC., Appellee
On Appeal from the 133rd District Court Harris County, Texas Trial Court Case No. 2014-03190
Panel consists of Justices Kelly, Landau, and Radack.
The Honorable Sherry Radack, Senior Justice, Court of Appeals, First District of Texas at Houston, sitting by assignment.
ORDER LIFTING STAY
PER CURIAM
Appellant, Carolyn Frost Keenan ("Keenan"), appealed from the trial court's summary judgment in favor of appellee, River Oaks Property Owners, Inc. ("ROPO"), in ROPO's suit against Keenan for the violation of a restrictive covenant and for declaratory judgment, and on Keenan's counterclaims to quiet title and for violations of the Fair Housing Amendments Act of 1988, the Texas Fair Housing Act, and the City of Houston Fair Housing Ordinance. This Court affirmed the trial court's judgment. See Keenan v. River Oaks Prop. Owners, Inc., No. 01-20-00493-CV, 2022 WL 802989, at *24 (Tex. App.-Houston [1st Dist.] Mar. 17, 2022, pet. denied) (mem. op.). The Texas Supreme Court denied Keenan's petition for review on January 27, 2023, and denied rehearing on May 19, 2023.
See 42 U.S.C. § 3604; TEX. PROP. CODE § 301.025; HOUS., TEX., CODE OF ORDINANCES, ch. 17, art. III, § 17-12(f) (2021).
Keenan filed a motion in this Court asking to stay the issuance of our mandate "pending the filing of her petition [for writ of certiorari] to the United States Supreme Court," citing Texas Rule of Appellate Procedure 18.2. See TEX. R. APP. P. 18.2 (authorizing appellate court to stay issuance of mandate pending disposition of petition for writ of certiorari). We granted Keenan's motion and stayed issuance of our mandate until further order. See Browder v. Moree, No. 03-19-00381-CV, 2022 WL 2867954, at *1 (Tex. App.-Austin July 21, 2022, order).
Subsequently, ROPO filed a motion to lift the stay and to issue the mandate, stating that the Supreme Court of the United States had denied Keenan's petition for writ of certiorari. See Keenan v. River Oaks Prop. Owners, Inc., No. 23-268, 2023 WL 6797751, at *1 (U.S. Oct. 16, 2023).
Keenan filed a response, opposing the issuance of our mandate pending the disposition of her motion for rehearing of the order denying her petition for writ of certiorari in the Supreme Court. See SUP. CT. R. 44(2).
ROPO has now notified this Court that the Supreme Court has denied Keenan's motion for rehearing. Keenan v. River Oaks Prop. Owners, Inc., No. 23268, 2023 WL 8532141, at *1 (U.S. Dec. 11, 2023). ROPO requests that this Court lift our stay and issue the mandate.
We lift the stay imposed in our June 20, 2023 order. We grant ROPO's motion and direct the Clerk of this Court to issue the mandate within ten days. See TEX. R. APP. P. 18.1(C).
It is so ORDERED.