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Harley Channelview Properties, LLC v. Harley Marine Gulf, LLC

Citation: Not availableDocket: 01-21-00547-CV

Court: Court of Appeals of Texas; September 2, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas in Houston has withdrawn its opinion and judgment issued on July 7, 2022, in the appellate case Harley Channelview Properties, LLC v. Harley Marine Gulf, LLC, pursuant to its own initiative. This action is taken under the Court's plenary power, referencing the precedent set in Univ. of Tex. Health Sci. Ctr. v. Gutierrez. The order is signed by Acting Chief Justice Sherry Radack, with the panel consisting of Chief Justice Radack and Justices Countiss and Farris. The date of the order is September 2, 2022.

Legal Issues Addressed

Exercise of Plenary Power by Appellate Court

Application: The appellate court utilized its plenary power to withdraw its prior decision, consistent with established precedents.

Reasoning: This action is taken under the Court's plenary power, referencing the precedent set in Univ. of Tex. Health Sci. Ctr. v. Gutierrez.

Withdrawal of Opinion and Judgment

Application: The Court of Appeals exercised its authority to withdraw a previously issued opinion and judgment on its own initiative.

Reasoning: The Court of Appeals for the First District of Texas in Houston has withdrawn its opinion and judgment issued on July 7, 2022, in the appellate case Harley Channelview Properties, LLC v. Harley Marine Gulf, LLC, pursuant to its own initiative.