Elite Townhomes, LLC and Souhail H Adam v. Intown Construction Group, LLC

Reversed and Remanded and Memorandum Majority Opinion and
Memorandum Dissenting Opinion filed March 14, 2024.

In The

Fourteenth Court of Appeals

NO. 14-22-00641-CV

ELITE TOWNHOMES, LLC AND SOUHAIL H. ADAM, Appellants
V.
INTOWN CONSTRUCTION GROUP, LLC, Appellee

On Appeal from the 234th District Court
Harris County, Texas
Trial Court Cause No. 2022-06530

MEMORANDUM DISSENTING OPINION

While I otherwise agree with reversing the trial court’s interlocutory order,
there is no case in this court to remand to the trial court because this is an
interlocutory appeal.

As Chief Justice Calvert famously wrote, “A correct draft of a judgment to
be included in an opinion which has been written with care should be the final
challenge to the writing judge.” Robert W. Calvert, Appellate Court Judgments or
Strange Things Happen on the Way to Judgment, 7 Tex. Tech L. Rev. 915, 925
(1975). I dissent to the portion of this court’s judgment purporting to remand
something that is not here.

/s/ Charles A. Spain
Justice

Panel consists of Justices Spain, Poissant, and Wilson (Spain, J., dissenting).

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