Supreme Court
Harley Channelview Props., LLC v. Harley Marine Gulf, LLC
- Case number: 23-0078
- Legal category: Procedure-Appellate
- Subtype: Interlocutory Appeal Jurisdiction
- Set for oral argument: January 11, 2024
Case Summary
The issue in this case is whether an interlocutory order that grants partial summary judgment and orders a party to sell real property within thirty days is an appealable temporary injunction.
Harley Marine Gulf leases a maritime facility from Harley Channelview Properties. When Harley Marine signed the lease, it also obtained an option to purchase the property for $2.5 million at any time during the lease period or a renewal period. Eight years later, Harley Marine attempted to exercise its option, but Channelview refused to sell the property, claiming that the option had expired. Harley Marine sued for breach of the option agreement and sought specific performance. It then moved for partial summary judgment.
The trial court granted the motion and ordered Channelview to sell the property to Harley Marine within thirty days. It is undisputed that the order is interlocutory because other claims in the suit remain unresolved. Channelview appealed, claiming that the trial court’s order constitutes a temporary injunction and is therefore appealable under Civil Practice and Remedies Code Section 51.014(a)(4). The court of appeals dismissed the appeal for want of jurisdiction, holding that the trial court’s order lacked indicia of a temporary injunction because the order granted permanent relief on the merits.
In its petition for review, Channelview argues that the trial court’s order qualifies as a temporary injunction under Supreme Court precedent. To hold otherwise, it argues, deprives it of its right to appellate review prior to compliance. The Supreme Court granted review.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case. Links to the full case documents are included above.