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

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15-25-00223-CV
Appellate Docket Number: 15-25-00223-CV FIFTEENTH COURT OF APPEALS
Appellate Case Style: City Choice Group, LLC AUSTIN, TEXAS
Vs. TMC Grand Blvd Land Company, LLC and BCEGI Grand Blvd Manager, LLC 2:41 PM
12/12/2025
Companion CHRISTOPHER A. PRINE
Case(s): CLERK
Amended/Corrected Statement FILED IN
15th COURT OF APPEALS
DOCKETING STATEMENT (Civil) AUSTIN, TEXAS
Appellate Court: 15th Court of Appeals 12/12/2025 2:41:03 PM
(to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE
CHRISTOPHER
Clerk
NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP
32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the
party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: City Choice Group, LLC Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: 1314 Roy Street Address 1:
City/State/Zip: Houston, TX 77007 Address 2:
Tel. (713) 681-5858 Ext. Fax: City/State/Zip:
Email: Tel. Ext. Fax:
II. Appellant Attorney(s) Email:
Lead Attorney Retained Attorney
Lead Attorney Select
Name: Adam P. Schiffer Name:
Bar No. 17745763
Bar No.
Firm/Agency: Brown Rudnick LLP
Firm/Agency:
Address 1: 609 Main Street Address 1:
Address 2: Suite 3550
Address 2:
City/State/Zip: Houston, Texas 77002 City/State/Zip:
Tel. (281) 849-9851 Ext. Fax: (281) 605-5699
Tel. Ext. Fax:
Email: aschiffer@brownrudnick.com
Email:
Lead Attorney Select
Lead Attorney Select
Name:
Name:
Bar No.
Bar No.
Firm/Agency:
Firm/Agency:
Address 1:
Address 1:
Address 2:
Address 2:
City/State/Zip:
City/State/Zip:
Tel. Ext. Fax:
Tel. Ext. Fax:
Email:
Email:

Page 1 of 11
III. Appellee IV. Appellee Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: TMC Grand Blvd Land Company, LLC Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: 7670 Woodway, Suite 160 Address 1:
City/State/Zip: Houston, TX 77063 Address 2:
Tel. (713) 266-8990 Ext. Fax: City/State/Zip:
Email: monzer@medistarcorp.com Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select

Name: Joseph A. Fischer, III Name:
Bar No. 00789292 Bar No.
Firm/Agency: Jackson Walker LLP Firm/Agency:
Address 1: 1401 McKinney Street Address 1:
Address 2: Suite 1900 Address 2:
City/State/Zip: Houston, Texas 77010 City/State/Zip:
Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax:
Email: tfischer@jw.com Email:

Lead Attorney Retained Attorney Lead Attorney Select

Name: Chevazz G. Brown Name:
Bar No. 24059498 Bar No.
Firm/Agency: Jackson Walker LLP Firm/Agency:
Address 1: 1401 McKinney Street Address 1:
Address 2: Suite 1900 Address 2:
City/State/Zip: City/State/Zip:
Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax:
Email: cgbrown@jw.com Email:

Page 2 of 11
V. Perfection of Appeal, Judgment and Sentencing
Nature of Case (Subject matter or type of case): Contract
Date Order or Judgment signed: 11/14/2025 Type of Judgment: Summary Judgment
Date Notice of Appeal filed in Trial Court: 12/02/2025
If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No
If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No
Permissive? (See TRAP 28.3): Yes No
If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No
If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No
If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes No
Judgment or Order disposes of all parties and issues? Yes No
Appeal from final judgment? Yes No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No
If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
If yes, is the Attorney General of Texas a party to the case? Yes No

VI. Actions Extending Time to Perfect Appeal
Motion for New Trial: Yes No If yes, date filed:
Motion to Modify Judgment: Yes No If yes, date filed:
Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed:
Motion to Reinstate: Yes No If yes, date filed:
Motion under TRCP 306a: Yes No If yes, date filed:
Other: Yes No
If Other, please specify:

Page 3 of 11
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.)
Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No
If yes, date filed:
Was a Motion Challenging the Statement filed in the trial court? Yes No
If yes, date filed:
Was there any hearing on appellant’s ability to afford court costs? Yes No
Hearing Date:
Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order:
If yes, trial court finding: Challenge Sustained Overruled
VIII. Bankruptcy
Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?
Yes No
If yes, please attach a copy of the petition.
Date bankruptcy filed:
Bankruptcy Case Number:

IX. Trial Court and Record
Court: Texas Business Court, Division 11A Clerk’s Record
County: Harris Trial Court Clerk: ✔ District County
Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No
24-BC11A-0002 If yes, date requested: 12/02/2025
Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: Hon. Sofia Adrogué
Were payment arrangements made with clerk?
Address 1: 1301 Fannin Street
✔ Yes No Indigent
Address 2: 3rd Floor
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Houston, Texas 77002
Tel. (713) 274-1066 Ext. Fax:
Email: BCDivision11A@txcourts.gov

Page 4 of 11
IX. Trial Court and Record - Continued
Reporter’s or Recorder’s Record
Is there a Reporter’s Record? Yes No
Was Reporter’s Record requested? Yes No
If yes, date requested: 12/11/2025
If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder
Official Substitute Official Substitute
Name: Donna Goree Name:
Address 1: 300 West 15th Street Address 1:
Address 2: Suite 606 Address 2:
City/State/Zip: Austin, TX 78701 City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email: donna.goree@txcourts.gov Email:

X. Supersedeas Bond
Supersedeas bond filed? Yes No
If yes, date filed:
If no, will file? Yes No

XI. Extraordinary Relief
Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No
If yes, briefly state the basis for your request:

Page 5 of 11
XII. Alternative Dispute Resolution/Mediation
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No
If no, please specify: Appellant seeks specific performance of a contract, so mediation would be ineffective.
Has this case been through an ADR procedure? Yes No
If yes, who was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of Case? Contract
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if
known (without prejudice to the right to raise additional issues or request additional relief):
Trial court erred in holding the parties' Purchase and Sale Agreement should not be subject to specific
performance based on an equivocal and contingent email that was insufficient to constitute a termination
under the Agreement's notice provisions. Trial court erred by not releasing lis pendens. De novo standard.
How was the case disposed of? Final Judgment on a Motion for Summary Judgment
Summary of relief granted, including amount of money judgment, and if any, damages awarded.
If money judgment, what was the amount? Actual damages:
Punitive (or similar) damages:
Attorney’s fees (trial): $ 262,061.50
Attorney’s fees (appellate):
Other:
If other, please specify: Declaratory Judgment that the PSA was terminated and attorneys' fees
Will you challenge this Court’s jurisdiction? Yes No
Does judgment have language that one or more parties “take nothing”? Yes No
Does judgment have a Mother Hubbard clause? Yes No
Other basis for finality:

Page 6 of 11
XII. Alternative Dispute Resolution/Mediation - Continued
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5
Please make my answer to the preceding questions known to other parties in this case? Yes No
Can the parties agree on an appellate mediator? Yes No
If yes, please give the name, address, telephone, fax, and email address:
Name:
Address:
Telephone: Ext.
Fax:
Email:
Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:
Camille Loftin, Esq. (Brown Rudnick LLP)

XIII. Related Matters
List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.

Page 7 of 11
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee
and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel
who will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program
based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is
selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the
appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono
Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case
is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30)
to forty-five (45) days after submitting this Docketing Statement.
Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono
Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not
forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the
Pro Bono committee to transmit publicly available facts and information about your case, including parties and
background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.
Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No
Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the
committee may have regarding the appeal? Yes No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the
information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that
Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty
Guidelines? Yes No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at
http://aspe.hhs.gov/poverty/06poverty.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No
If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee.
Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in
the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial
circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if
known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if
necessary).
The trial court erred in determining the parties' Purchase and Sale Agreement (PSA) should not be subject to specific
performance, despite Appellees' breach of the PSA through Appellees' refusal to close the transaction after the inspection period.
First the court erroneously determined that the PSA was terminated based on an equivocal and contingent email that was
insufficient to constitute a termination notice under the PSA's notice provision. Second, the trial court erred in determining that
the PSA was not an option contract and thus erroneously determined that the parties should not be subject to strict compliance
with the PSA's notice standards. Third, the trial court erred in determining that Appellant is estopped from invoking the PSA's
notice provision. The trial court further erred in determining that Appellant's lis pendens claim was moot, thereby erroneously
determining not to release the lis pendens on the property. Appellant seeks reversal of the trial court's decision not to compel
specific performance of the PSA and decision not to release the lis pendens on the property. The issues of contract interpretation
will be reviewed de novo.

Page 8 of 11
Please enter the following for each person served:
Date Served: 12/12/2025 Date Served:
Manner Served: eServe Manner Served: Select
Name: Joseph A. Fischer, III Name:
Bar No. 00789292 Bar No.
Firm/Agency: Jackson Walker LLP Firm/Agency:
Address 1: 1401 McKinney Street Address 1:
Address 2: Suite 1900 Address 2:
City/State/Zip: Houston, Texas 77010 City/State/Zip:
Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax:
Email: tfischer@jw.com Email:
Party: Appellees Party:

Date Served: 12/12/2025 Date Served:
Manner Served: eServe Manner Served: Select
Name: Chevazz G. Brown Name:
Bar No. 24059498 Bar No.
Firm/Agency: Jackson Walker LLP Firm/Agency:
Address 1: 1401 McKinney Street Address 1:
Address 2: Suite 1900 Address 2:
City/State/Zip: Houston, Texas 77010 City/State/Zip:
Tel. (713) 752-4200 Ext. Fax: (713) 754-4221 Tel. Ext. Fax:
Email: cgbrown@jw.com Email:
Party: Appellees Party:

Date Served: 12/12/2025
Manner Served: eServe
Name: Adam P. Schiffer
Bar No. 17745763
Firm/Agency: Brown Rudnick LLP
Address 1: 609 Main Street
Address 2: Suite 3550
City/State/Zip: Houston, TX 77002
Tel. (281) 849-9851 Ext. Fax: (281) 605-5699
Email: aschiffer@brownrudnick.com
Party: Appellant

Page 10 of 11
Please enter the following for each person served that is not an attorney for a party:
Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:

Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:

Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:

Print or Print to SAVE AS PDF.

Page 11 of 11
Docketing Statement Continued

Additional Parties and Attorneys

SECTION III. Appellee:

• Organization
• Name: BCEGI Grand Blvd Manager, LLC
• Address: 9 East Loockerman Street, Suite 311, Dover, DE 19901
• Phone: 888-682-4368
• Fax: N/A
• Email: N/A

SECTION IV. Attorneys for Appellee BCEGI Grand Blvd Manager

• Lead Attorney—Retained Attorney
o Name: Joseph A. Fischer, III
o Bar No.: 00789292
o Firm/Agency: Jackson Walker LLP
o Address: 1401 McKinney Street, Suite 1900 Houston, Texas 77010
o Tel.: (713) 752-4200
o Fax: (713) 754-4221
o Email: tfischer@jw.com

• Attorney—Retained Attorney
o Name: Chevazz G. Brown
o Bar No.: 24059498
o Firm/Agency: Jackson Walker LLP
o Address: 1401 McKinney Street, Suite 1900 Houston, Texas 77010
o Tel.: (713) 752-4200
o Fax: (713) 754-4221
o Email: cgbrown@jw.com

Page 12
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Steven Page on behalf of Adam Schiffer
Bar No. 17745763
spage@brownrudnick.com
Envelope ID: 109048991
Filing Code Description: Docketing Statement
Filing Description: Appellant's Docketing Statement
Status as of 12/12/2025 3:16 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Joseph Fischer 789292 tfischer@jw.com 12/12/2025 2:41:03 PM SENT

Chevazz Brown 24059498 cgbrown@jw.com 12/12/2025 2:41:03 PM SENT

Adam Schiffer aschiffer@brownrudnick.com 12/12/2025 2:41:03 PM SENT