in Re State Farm Lloyds
518 S.W.3d 56
Tex. App.
2015
Check Treatment

SHIELDS v. BRADBERRY

NUMBERS 13-14-00651-CV

Court of Appeals of Texas, Corpus Christi-Edinburg

October 28, 2015

failure to pay the rent as adjusted by the CPI.

Shields also argues that if the extension took effect, then Bradberry was in default because he failed to pay his pro rata share of the property taxes. The 2005 amendment to the lease stated, “from June 1, 2012, on, Tenant shall pay his full pro rata share (3,500/12,417ths) of the property taxes on the entire premises when billed by Principal Realtor or Landlord.” It is undisputed that Shields never billed Bradberry for the property taxes and that Bradberry never paid the property taxes. Because the lease did not require Bradberry to pay the property taxes until he was billed for them, his failure to pay the taxes when Shields never billed him for them was not a breach of the lease.

We conclude Shields has not conclusively established that Bradberry and 40/40 had no right to possession of the premises. We overrule Shields’s issue on appeal.

CONCLUSION

We affirm the trial court’s judgment.

IN RE STATE FARM LLOYDS

NUMBERS 13-14-00651-CV

Court of Appeals of Texas, Corpus Christi-Edinburg

Delivered and filed October 28, 2015

Daniel Lim, Shook, Hardy & Bacon LLP, Houston, Patrick Oot, Shook, Hardy & Bacon, L.L.P., Washington, for Amicus Curiae Chamber of Commerce of the United States of America.

John Atkins, John H. Martin, Richard B. Phillips Jr., Thompson & Knight LLP, Dallas, for Amicus Curiae Lawyers for Civil Justice.

Robert L. Florance IV, Pope Hardwicke Christie Schell Kelly & Taplett, L.L.P., Fort Worth, for Amicus Curiae Texas Association of Defense Counsel.

George S. Christian, Texas Civil Justice League, Austin, Amicus Curiae Texas Civil Justice League

Jennifer Bruch Hogan, James C. Marrow, Richard P. Hogan Jr., Hogan & Hogan, Houston, Amber Anderson Mostyn, John Steven Mostyn, Rene Michelle Sigman, The Mostyn Law Firm, Houston, for Real Party in Interest.

Brian M. Chandler, Ramey, Chandler, Quinn & Zito, P.C., Houston, David R. Stephens, Lindow Stepens Treat LLP, San Antonio, Jonathan M. Redgrave, Redgrave LLP, Chantilly, Mathea K.E. Bulander, Redgrave LLP, Minneapolis, Mollie C. Nichols, Redgrave LLP, Washington, for Relator.

Before Justices Rodriguez, Benavides, and Perkes

MEMORANDUM OPINION

Memorandum Opinion Per Curiam1

Relator, State Farm Lloyds (“State Farm”), filed a petition for writ of mandamus in the above cause through which it contends that the MDL pretrial court abused its discretion by ordering the production of discovery in native or near-native formats rather than “reasonably usable” formats.2 By order previously issued in this cause, this Court granted temporary relief and requested that the real parties in interest, the MDL plaintiffs, file a response to the petition for writ of mandamus. See Tex.R.App. P. 52.8(a),(b). Such response has been duly filed.

The Court, having examined and fully considered the petition for writ of mandamus, the response, and the applicable law, is of the opinion that the petition for writ of mandamus should be denied for the reasons expressed in our opinion in , issued this same date. Accordingly, the Court LIFTS the stay previously imposed by this Court and DENIES the petition for writ of mandamus. See Tex.R.App. P. 52.8(d).

Notes

1
See Tex.R.App. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); Tex.R.App. P. 47.4 (distinguishing opinions and memorandum opinions).
2
This cause arises from MDL Nos. 13–0123, 13–0130, & 13–0418 in the 206th District Court of Hidalgo County, Texas, the Honorable Rose Guerra Reyna presiding.