In Re Galleria 2425 Owner, LLC v. the State of Texas

Petition for Writ of Injunction Denied and Memorandum Opinion filed
December 4, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00911-CV

IN RE GALLERIA 2425 OWNER, LLC, Relator

ORIGINAL PROCEEDING
WRIT OF INJUNCTION
281st District Court
Harris County, Texas
Trial Court Cause No. 2023-22748

MEMORANDUM OPINION

On December 1, 2023, relator Galleria 2425 Owner, LLC filed in this court a
petition for a writ of injunction. See Tex. Gov’t Code Ann. § 22.221; see also Tex.
R. App. P. 52. In its petition, relator asks this court to “issue a writ of injunction to
enjoin Lender from foreclosing on the Property during the pendency of the
interlocutory appeal.”
On November 29, 2023, the Honorable Christine Weems, presiding judge of
the 281st District Court of Harris County, denied relator’s application for a
temporary injunction. Foreclosure by the real party in interest, National Bank of
Kuwait S.A.K.P., New York Branch, is allegedly scheduled to take place on
December 5, 2023.

In addition to filing the petition for a writ of injunction, on December 1,
2023, relator also filed a notice of appeal from the trial court’s order denying the
temporary injunction. Tex. Civ. Prac. & Rem. Code § 51.014(a)(4). The
interlocutory appeal is pending before this court in Galleria 2425 Owner, LLC v.
National Bank of Kuwait, S.A.K.P., New York Branch, Case No. 14-23-00909-CV.

Thereafter, relator filed a supplemental petition; the real party in interest
filed a response in opposition to the petition; and the relator filed a reply.

Relator has not established that it is entitled to injunctive relief.
Accordingly, we deny relator’s petition for writ of injunction.

PER CURIAM

Panel consists of Justices Bourliot, Zimmerer, and Spain.

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