3M Properties, Inc., and Petro Mart, LLC v. State of Texas — Memorandum Opinion by Justice Miskel
3M Properties, Inc., and Petro Mart, LLC v. State of Texas — Memorandum Opinion by Justice Miskel
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Affirmed and Opinion Filed October 21, 2026 SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-25-00219-CV 3M PROPERTIES, INC., AND PETRO MART, LLC, Appellants V. STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-20-00396-E MEMORANDUM OPINION Before Justices Miskel, Kennedy, and Lee Opinion by Justice Miskel This is an appeal from a condemnation judgment arising from the State’s acquisition of property owned by appellants, 3M Properties, Inc. and Petro Mart, LLC (collectively, “3M”), for a highway-expansion project. Before trial, 3M moved for a continuance based on the illness of its counsel. The trial court denied the motion, and the case proceeded to trial. On appeal, 3M raises a single issue. It contends the trial court abused its discretion in denying its motion for continuance because counsel’s medical condition prevented adequate trial preparation and necessitated the substitution of
–2– counsel. We conclude the trial court acted within its discretion in denying the motion. Accordingly, we affirm the trial court’s judgment. I. Background 3M owned a parcel of land on State Highway I.H. 35E in Dallas County with a convenience store and gas station operated by 3M’s owner, Sam Bayati. In 2020, the State initiated condemnation proceedings to acquire 3M’s parcel for a highway expansion project. Special commissioners awarded 3M $1.7 million. Both sides objected to the award, and the case proceeded to trial as an ordinary civil action. See TEX. PROP. CODE § 21.018(b). The case was initially set for trial in January 2022. Between December 2021 and May 2024, the trial court granted a total of six continuances, including three at the request of 3M. 3M’s original trial counsel withdrew in November 2023, and attorney Timonthy Vinson appeared the following month. In December 2023, Vinson obtained a continuance of the February 2024 trial setting. In March 2024, 3M obtained another continuance after representing that its appraiser had been unable to complete an appraisal because of health issues and that a new appraiser was needed. In May 2024, 3M obtained a third continuance based on health issues affecting both counsel’s staff and 3M’s expert. The trial court reset the case for trial on October 22, 2024. On August 26, 2024, the State appeared for a hearing regarding a proposed scheduling order. Earlier that day, 3M filed the continuance motion at issue in this
–3– appeal. The motion stated that Vinson “ha[d] been suffering with Vertigo and related health issues for the last few months and need[ed] to retain other counsel to assist in preparing for trial.” The motion also represented that a new firm, Cohen and Zwemer, had been retained to become lead counsel, and that a newly retained damages expert needed at least two weeks to complete an expert report. Vinson did not appear at the August 26 hearing. The trial court signed the State’s proposed scheduling order, which left the October 22 trial setting in place and reflected deadlines that had already expired for expert designations, property-value witnesses, and discovery. During the weeks that followed, the State moved to exclude Bayati’s valuation testimony and also moved to exclude 3M’s appraisal experts as untimely designated. On October 4, Vinson filed a motion to withdraw. The motion stated only that good cause existed because 3M consented to the withdrawal. At the October 18 pretrial conference, the trial court announced that it would exclude Bayati’s valuation opinions and the testimony of 3M’s two appraisal experts. The court also denied 3M’s August continuance motion. Vinson informed the trial court that his withdrawal request was contingent on a continuance and that he would continue representing 3M if the case proceeded to trial. Following the hearing, the trial court signed written orders denying the continuance and withdrawal motions.
–4– The case proceeded to trial on October 22, 2024. Before trial began, the trial court accommodated Vinson’s difficulties related to his vertigo and told him that he could remain seated as much as necessary during the proceedings. Vinson thereafter appeared as 3M’s sole trial counsel and represented 3M throughout the trial. After the trial court rendered judgment on the jury’s verdict, 3M filed a motion for new trial, which the trial court denied. 3M then perfected this appeal. The sole issue before us is whether the trial court abused its discretion in denying 3M’s August 26, 2024 motion for continuance.1 II. Standard of Review This Court will not disturb a trial court’s denial of a motion for continuance unless the trial court has committed a clear abuse of discretion. See Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 161 (Tex. 2004); DFW Advisors Ltd. Co. v. Ervin, No. 05–14–00883–CV, 2016 WL 1251224, at *5 (Tex. App.—Dallas Feb. 11, 2016, no pet.). A trial court abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Joe, 145 S.W.3d at 161; Ervin, 2016 WL 1251224, at *5. In reviewing a continuance ruling, we do not substitute our judgment for that of the trial court but determine only whether the ruling was arbitrary or unreasonable. Yowell v. Piper Aircraft 1 We do not consider 3M’s subsequent October 21, 2024 motion for continuance. That motion was not before the court when it made the October 18 ruling challenged on appeal. See In re K.P.P., No. 05-23- 00847-CV, 2023 WL 7532754, at *3 (Tex. App.—Dallas Nov. 14, 2023, pet. denied) (mem. op.). Nor does the record reflect a ruling on the motion. See TEX. R. APP. P. 33.1(a). In any event, 3M’s appeal challenges only the denial of its August motion.
–5– Corp., 703 S.W.2d 630, 635 (Tex. 1986). The party complaining of an abuse of discretion bears the burden to present a record showing the abuse. Cannon v. Wilson, No. 05-23-01185-CV, 2025 WL 1372864, at *3 (Tex. App.—Dallas May 12, 2025, no pet.) (mem. op.). Whether a continuance should have been granted is judged based on the facts before the trial court when the motion was presented. In re K.P.P., No. 05-23-00847-CV, 2023 WL 7532754, at *3 (Tex. App.—Dallas Nov. 14, 2023, pet. denied) (mem. op.); see also Joe, 145 S.W.3d at 161. III. Applicable Law A continuance may be granted only for sufficient cause supported by affidavit, by consent of the parties, or by operation of law. TEX. R. CIV. P. 251; In re K.P.P., 2023 WL 7532754, at *3. Except as otherwise provided by the rules, the absence of counsel is not good cause for a continuance unless the trial court, in its discretion, allows a continuance upon cause shown or upon matters within the judge’s knowledge or information stated on the record. TEX. R. CIV. P. 253. When a continuance is sought because counsel has withdrawn or cannot continue the representation, the movant must show that the resulting inability to proceed is not due to the movant’s own fault or negligence. Villegas v. Carter, 711 S.W.2d 624, 626 (Tex. 1986). In determining whether good cause exists for a continuance, courts may consider the entire procedural history of the case. Wilborn v. Life Ambulance Services, Inc., 163 S.W.3d 271, 275 (Tex. App.—El Paso 2005, pet. denied); Waste
–6– Water, Inc. v. Alpha Finishing & Developing Corp., 874 S.W.2d 940, 942 (Tex. App.—Houston [14th Dist.] 1994, no writ). Some courts have stated that, when a verified first motion for continuance substantially complies with the rules and is not controverted, the facts asserted in the motion must generally be accepted as true. See, e.g., Verkin v. Sw. Ctr. One, Ltd., 784 S.W.2d 92, 94 (Tex. App.—Houston [1st Dist.] 1989, writ denied); Garza v. Serrato, 699 S.W.2d 275, 280–81 (Tex. App.— San Antonio 1985, writ ref’d n.r.e.). Even so, this Court has recognized that the existence of uncontroverted facts does not deprive the trial court of discretion to deny a subsequent continuance. Ervin, 2016 WL 1251224, at *5. IV. Analysis 3M contends the trial court abused its discretion by denying its August 26, 2024 motion for continuance. According to 3M, Vinson’s medical condition prevented it from timely preparing its valuation case, obtaining expert testimony, and defending the basis for Bayati’s valuation opinions. 3M argues that the trial court was required to accept as true the uncontroverted factual assertions in the verified motion and that the denial of the motion effectively deprived it of the ability to present its valuation evidence. It therefore seeks a new trial. A. The Trial Court’s Oral Comments Do Not Demonstrate Reversible Error At the October 18 pretrial conference, the trial judge stated that she would deny 3M’s August motion for continuance because “[t]he rules require that you provide a good reason for a motion for continuance to be granted, and there was no
–7– reason except a statement there is good reason with no further explanation in the motion.” 3M argues this statement mischaracterized the August motion, which asserted several grounds for a continuance. Even if the trial court inaccurately described the motion during the hearing, the October 18 written order states no basis for the ruling. We review the ruling reflected in the written order, which controls over any contrary oral pronouncements from the bench. See Miles-Edmond v. Skillman Prop. Inv. Dall. LLC, No. 05-23- 00789-CV, 2025 WL 593499, at *3 (Tex. App.—Dallas Feb. 24, 2025, no pet.) (mem. op.); Kaur–Gardner v. Keane Landscaping, Inc., No. 05-17-00230-CV, 2018 WL 2191925, at *4 (Tex. App.—Dallas May 18, 2018, no pet.) (mem. op.). Moreover, a trial court does not abuse its discretion if it reaches the correct result, even for an incorrect reason. Weiss v. JPMorgan Chase, Bank, N.A., No. 05-06- 00940-CV, 2007 WL 2069627, at *3 (Tex. App.—Dallas July 20, 2007, pet. denied) (mem. op.); Luxenberg v. Marshall, 835 S.W.2d 136, 141–42 (Tex. App.—Dallas 1992, no writ). Accordingly, even if the trial court misstated the contents of 3M’s motion, we must uphold the ruling if the record demonstrates that the denial of the continuance fell within the trial court’s discretion. B. The Trial Court Did Not Abuse its Discretion in Denying the August Motion We next consider whether, based on the facts before the trial court at the time the August motion was presented, the court abused its discretion in denying the motion. See In re K.P.P., 2023 WL 7532754, at *3. We conclude it did not.
–8– 3M’s motion established an illness, but not why the illness required a continuance. The August motion, which Vinson verified, stated that he “[h]ad been suffering with Vertigo and related health issues for the last few months.” Even accepting that assertion as true, the motion nonetheless provided little information from which the trial court could determine whether those health issues constituted sufficient cause for a seventh continuance. The motion established that counsel had health issues. It did not explain how those health issues affected specific litigation responsibilities or made a continuance necessary. The motion did not describe the nature or severity of Vinson’s symptoms, explain what litigation or trial-preparation tasks his condition prevented him from performing, or explain why the condition required a continuance rather than some other accommodation. Although the motion asserted that Vinson had been suffering from vertigo for several months, it did not explain when the condition began interfering with his representation of 3M, what work remained uncompleted because of the illness, or why co-counsel could not have been associated sooner. Nor did the motion explain how Vinson’s illness related to the other grounds advanced for a continuance. Although the motion stated that 3M “had been delayed in finding an expert witness,” it did not state that Vinson’s illness caused that delay. Likewise, although the motion stated that Vinson needed to retain other counsel to assist in preparing for trial, it also represented that, if a continuance were granted, Cohen and Zwemer would become lead counsel in the case. The motion did not
–9– reconcile that apparent inconsistency or otherwise explain what role substitute counsel would serve. The motion to withdraw, filed on October 4, likewise provided little additional support for a continuance. The motion stated only that “[g]ood cause exist[ed] for withdrawal of Movant as counsel because Defendant[‘]s agent consents to the withdrawal.” It did not identify Vinson’s illness as a basis for withdrawal, mention Cohen and Zwemer, or otherwise indicate that substitute counsel had been retained. See TEX. R. CIV. P. 10 (requiring specific information if another attorney will be substituted). Nor did the information presented at the October 18 pretrial hearing cure these deficiencies. In arguing the continuance, Vinson said, “[t]here is another law firm that[‘]s much more experienced in this matter that is willing to step in[.]” He did not explain why substitute counsel had not appeared earlier, how his illness prevented him from proceeding to trial, or why a continuance was necessary at that stage of the proceedings. The trial court could consider the entire history of the case. The trial court was also not required to evaluate the August motion in isolation. When the motion was presented at the October 18 pretrial conference, the court could consider the history of the case. Ervin, 2016 WL 1251224, at *5; Wilborn, 163 S.W.3d at 275; Waste Water, 874 S.W.2d at 942. By that point, the case had been pending for nearly five years, and the trial court had already granted
–10– six continuances, including the three most recent continuances requested by 3M. 3M had already obtained continuances to locate an expert witness, because of health issues affecting 3M’s expert, and because of health issues affecting counsel’s staff. Although 3M contends these prior continuances are not themselves a basis for denying its August motion for continuance, the trial court was entitled to consider the entire procedural history of the case, including the length of time the case had been filed and the number of prior continuances. Ervin, 2016 WL 1251224, at *5; Wilborn, 163 S.W.3d at 275; Waste Water, 874 S.W.2d at 942; cf. Burke v. Scott, 410 S.W.2d 826, 829 (Tex. Civ. App.—Austin 1967, writ ref’d n.r.e.) (concluding that prior continuances did not justify denial of a continuance under the particular facts presented). The trial court could also consider that 3M waited more than seven weeks after filing the motion before asking the trial court to rule on it. The State noted that Vinson did not raise the motion until October 14, when he asked that it be addressed at the October 18 pretrial conference. 3M relies on Smith-Weik, in which lead counsel suffered a sudden illness shortly before trial and replacement counsel was required to proceed with inadequate preparation. See Smith-Weik Mach. Corp. v. Murdock Mach. & Eng’g Co., 423 F.2d 842, 843 & n.1 (5th Cir. 1970). Whatever persuasive value Smith-Weik may have, the circumstances here are materially different. See Vrinios v. Mary Kay, Inc., No. 05-23-00001-CV, 2024 WL 3912364, at *4 (Tex. App.—Dallas Aug. 23, 2024, pet.
–11– denied) (mem. op.) (opinions from federal courts are not binding authority). Vinson represented that he had been experiencing vertigo for months before trial and did not explain why substitute counsel could not have been associated earlier. Our conclusion is consistent with a case cited by the State, in which this Court affirmed the denial of a continuance sought on account of counsel’s health problems. There, as here, the trial court could reasonably conclude that counsel’s condition had been known for months and that there had been sufficient time to obtain assistance before trial. See PS Royal Servs. Grp. LP v. Fisher, No. 05-17-01139-CV, 2019 WL 3543575, at *3 (Tex. App.—Dallas Aug. 5, 2019, pet. denied) (mem. op.). Considering the limited information provided regarding the claimed illness, the absence of any explanation linking that illness to specific unfinished trial- preparation tasks, the lack of a showing that substitute counsel could not have been associated earlier, and the lengthy procedural history of the case, we cannot conclude that the trial court abused its discretion in determining that 3M failed to demonstrate sufficient cause for a seventh continuance. V. Conclusion We overrule appellant’s sole issue, and we affirm the trial court’s judgment. /Emily Miskel/ EMILY MISKEL JUSTICE
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