IN RE HUFFINES RETAIL PARTNERS, L.P.

No. 20-10581.

978 F.3d 128 (2020)

IN RE: HUFFINES RETAIL PARTNERS, L.P.; The Haley Angelica Huffines 2019 Trust Dated February 19, 2019, As Successor in Interest to the Haley Angelica Huffines 1995 Trust Dated October 26, 1995, also Known as Haley Angelica Huffines 1995 Children's Trust; The Garrett James Huffines 2019 Trust Dated February 19, 2019, As Successor in Interest to the Garrett James Huffines 1995 Trust Dated October 26, 1995, also known as The Garrett James Huffines 1995 Children's Trust; The Hayden Hartwell Huffines 2019 Trust, as Successor in Interest to The Hayden Hartwell Huffines 1995 Trust Dated October 26, 1995, Also Known as The Hayden Hartwell Huffines 1995 Children's Trust; The Colin 1996 Investment Trust U/A/D/ May 10, 1996, as Successor in Interest to The Donald B. Huffines 1996 Children's Investment Trust Dated May 10, 1996; The Devin 1996 Investment Trust Fund U/A/D May 10, 1996, as Successor in Interest to The Donald B. Huffines 1996 Children's Investment Trust Dated May 10, 1996; The Dierdre 1996 Investment Trust U/A/D May 10, 1996, as Successor in Interest to The Donald B. Huffines 1996 Children's Investment Trust Dated May 10, 1996; The Russell 1996 Investment Trust U/A/D May 10, 1996, as Successor in Interest to The Donald B. Huffines 1996 Children's Investment Trust Dated May 10, 1996; The Terence 1996 Investment Trust U/A/D May 10, 1996, as Successor in Interest to The Donald B. Huffines 1996 Children's Investment Trust Dated May 10, 1996; Huffines Plano Properties, L.P.; the Phillip W. and Holly A. Huffines 2011 Children's Trust, for the Use and Benefit of Haley Angelica Huffines U/A/D August 23, 2011; the Phillip W. and Holly A. Huffines 2011 Children's Trust, for the Use and Benefit of Garrett James Huffines U/A/D August 23, 2011; the Phillip W. and Holly A. Huffines 2011 Children's Trust, for the Use and Benefit of Hayden Hartwell Huffines U/A/D August 23, 2011; Riverside Dph, L.P.; Hc Operating, L.P.; The Phillip Huffines1996 Trust U/A/D June 26, 1996, Also Known as The Phillip Huffines 1996 Trust; The Donald Huffines1996 Trust U/A/D June 26, 1996, Also Known as The Donald Huffines 1996 Trust; Hc Harmony Hill Manager, Incorporated; HC LHFJ Wilmer, L.P.; Benbrook Winchester, L.P., Petitioners.

United States Court of Appeals, Fifth Circuit.

Filed October 9, 2020.


Attorney(s) appearing for the Case

Christopher D. Kratovil, Esq. , Dykema Gossett, P.L.L.C., Dallas, TX, for Petitioners

Daniel P. Elms , Sarah-Michelle Stearns , Attorney, Greenberg Traurig, L.L.P., Dallas, TX, for Respondents.

Before Jones, Higginson, and Oldham, Circuit Judges.


ORDER:

For reasons stated below, the petition for mandamus filed in this case by HC Operating, LP, and others, is GRANTED. The district court shall withdraw its orders dated April 8 and May 5, 2020, and shall order expunction of the Notices of Lis Pendens filed in this case.

The Petitioners are members of multiple limited liability companies (LLCs/Sellers) that own, operate and are developing multi-family housing units in the towns of

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