City Choice Group, LLC v. TMC Grand Blvd Land Company, LLC and BCEGI Grand Blvd Manager, LLC

Summary

The Texas Business Court, Eleventh Division, entered final judgment in favor of TMC Grand Blvd Land Company, LLC in a dispute involving City Choice Group, LLC. The court ordered that City Choice take nothing, granted TMC declaratory relief and entitlement to independent consideration, and awarded TMC $262,061.50 in attorneys' fees, with additional conditional fees for unsuccessful appeals.

Holdings

1. City Choice Group, LLC shall take nothing by its claims and causes of action.
2. TMC Grand Blvd Land Company, LLC is granted the declaratory judgment previously granted and addressed in the court's memorandum opinion and June 6, 2025 order granting TMC's motion for partial summary judgment on termination.
3. TMC is entitled to receipt of the Independent Consideration upon the final judgment becoming final and non-appealable.
4. TMC is entitled to reasonable and necessary attorney's fees against City Choice in the amount of $262,061.50, plus $75,000 if City Choice unsuccessfully appeals to the Fifteenth Court of Appeals and an additional $50,000 if City Choice unsuccessfully appeals to the Supreme Court of Texas.

Questions Presented

1. Whether final judgment should be entered disposing of all claims and parties after the court's memorandum opinion and prior partial summary judgment order.
2. Whether TMC was entitled to declaratory relief, receipt of the Independent Consideration, and attorney's fees.

Disposition

other