Opinion
01-24-00421-CV
12-19-2024
LAJITA HOMES, LLC, Appellant v. AMERICAN POINTE REALITY, LTD., AMERICAN POINTE REALITY MANAGEMENT, LLC, LA MANCHA, LTD., AND THURMAN INVESTMENT PROPERTIES, INC., Appellees
On Appeal from the County Court at Law No. 2 Waller County, Texas Trial Court Case No. CV23-04-0744
Panel consists of Justices Goodman, Landau, and Countiss.
MEMORANDUM ORDER
PER CURIAM
Appellant, Lajita Homes, LLC, and appellees, American Pointe Reality, Ltd., American Pointe Reality Management, LLC, La Mancha, Ltd., and Thurman Investment Properties, Inc., have filed an "Agreed Motion to Dismiss Claim For Rescissional Relief as to Foreclosure of Property Located at 2110 Blue Jay Way, Pattison, Waller County, Texas" (the "Property"), requesting that the Court "dismiss from the appeal [a]ppellant's remedy of rescission as to the Property with prejudice" and asserting that such "dismissal would be partial and affect only one remedy as to the Property." The parties further assert that the "purpose for the dismissal would be to permit a sale of the Property with title insurance" and "dismissal would not reduce the issues on appeal but would permit the occupant of the Property to re-purchase from the foreclosure buyer and thereby avoid possible eviction pending the outcome of this appeal."
The Court grants the parties' motion to dismiss and orders that the dismissal does not affect appellant's claim for money damages concerning the foreclosure sale of the Property. See TEX. R. APP. P. 42.1(a)(2).