Supreme Court

Case: 24-0024    
24-0024
01/09/2024
Mandamus/Cause
IN RE UMTH GENERAL SERVICES, L.P., UMT HOLDINGS, L.P., UMTH LAND DEVELOPMENT, L.P., HOLLIS M. GREENLAW, TODD F. ETTER, BEN L. WISSINK, AND CARA D. OBERT 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/06/2025Reply BriefRelator Reply Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
12/12/2024Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of NexPoint Diversified Real Estate Trust, et al.
09/20/2024Brief on the MeritsRelator Relators' Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
03/13/2024Reply to Petition for Writ of MandamusRelator Reply in support of Petition for Writ of Mandamus filed on behalf of UMTH General Services, L.P., et al.
02/29/2024Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of NexPoint Diversified Real Estate Trust, et al.
01/09/2024Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of UMTH General Services, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief on the Merits is due January 27, 2025. Further requests for extensions of time for this filing will be disfavored.
12/20/2024Call received  Call received from Relator regarding status of motion for extension of time.
12/19/2024Call received  Call received from petitioner regarding status of motion for extension of time.
12/13/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Relators' Reply Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
12/12/2024Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of NexPoint Diversified Real Estate Trust, et al.
11/14/2025Opinion issuedWrit of Mandamus conditionally granted The Court conditionally grants the writ of mandamus. Justice Bland delivered the opinion of the Court.  (Justice Hawkins not participating)
(11/14/2025 1:52:53 PM) 240024.pdf
11/14/2025Stay Order lifted  Stay order issued January 30, 2024 is lifted.
10/29/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Real Party in Interests' Brief on the Merits granted. No further extensions of time will be considered. Real Party in Interests' brief is due no later than December 12, 2024; and Reply brief is due December 27, 2024.
10/29/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of NexPoint Diversified Real Estate Trust, et al.
10/01/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Real Party in Interest's Brief on the Merits is granted. Real Party in Interest's Brief is due November 12, 2024. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due November 27, 2024.
09/30/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of NextPoint Diversified Real Estate Trust, et al.
09/20/2024Brief on the Merits  Relators' Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
09/09/2025Oral argument   Argued on behalf of Relators by Kyle D. Hawkins (Lehotsky Keller Cohn LLP), from Austin. Argued on behalf of Real Parties in Interest by Jeffrey M. Tillotson (Tillotson Johnson & Patton), from Dallas.  
08/27/2025Oral Argument Submission Form from Attorney received  Relators' Oral Argument Submission Form filed on behalf of UMTH General Services, L.P., et al. Oral Argument will be presented by Kyle D. Hawkins of Lehotsky Keller Cohn LLP, of Austin, Texas.
08/26/2025Oral Argument Submission Form from Attorney received  Real Party in Interest's Oral Argument Submission Form filed on behalf of NexPoint Diversified Real Estate Trust, et al. Oral Argument will be presented by Jeffery M. Tillotson of Tillotson Johnson & Patton, in Dallas, Texas.
08/07/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to fiel Relators' Brief on the Merits granted. No further extensions of time will be considered. Relators' brief is due no later than September 20, 2024; Real Party in Interest's brief is due October 10, 2024; and Reply brief is due October 25, 2024.
08/06/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Relators' Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
07/02/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Relators' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Relators' brief is due no later than August 21, 2024; Real Party in Interest's brief is due September 10, 2024; and Reply brief is due September 25, 2024.
07/01/2024Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Relators' Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
06/21/2024Brief on the Merits Ordered  Brief on the merits requested: Relator's brief due no later than July 22, 2024; Response brief due August 12, 2024; Reply brief due August 27, 2024.
05/30/2025Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 9, 2025. Time allotted to argue: 20/20 minutes
04/04/2025Mandamus Set to Argue 
04/04/2025Petition for Writ of Mandamus disposedCase set for oral argument The date and time for oral argument are yet to be determined.
03/13/2024Reply to Petition for Writ of Mandamus  Reply in support of Petition for Writ of Mandamus filed on behalf of UMTH General Services, L.P., et al.
03/01/2024Call received  Relator intends to file a reply to response to petition for writ of mandamus no later than March 14, 2024.
02/29/2024Case Record Filed   Supplemental Mandamus Record filed on behalf of NexPoint Diversified Real Estate Trust, et al.
02/29/2024Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of NexPoint Diversified Real Estate Trust, et al.
02/06/2025Reply Brief  Reply Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
01/30/2024Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than February 29, 2024.
01/30/2024Stay Order issued  (Justice Devine not participating)
01/30/2024Motion to Stay DisposedFiling granted Motion for Temporary Relief granted
01/25/2024Reply to Response to Motion  Reply in Support of Motion for Temporary Relief filed on behalf of UMTH General Services, LP, et al.
01/24/2024Call received  Call from counsel for Relator stating a reply to motion for temporary relief will be filed by close of business tomorrow.
01/23/2024Response to Motion filed  Response to Motion for Temporary Relief filed on behalf of NexPoint Diversified Real Estate Trust, et al.
01/18/2024Supreme Court of Texas Requested Response  Requested response to the Motion for Temporary Relief due no later than 4:00 p.m., Tuesday, January 23, 2024.
01/17/2024Call received  Call received from counsel for Relator regarding filing.
01/16/2024Letter Filed  Letter filed on behalf of UMTH General services, L.P., et al.
01/16/2024Case forwarded to Court 
01/14/2025Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief granted. Reply Brief is due February 6, 2025. Further requests for extensions of time for this filing will not be considered.
01/13/2025Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Relators' Reply Brief on the Merits filed on behalf of UMTH General Services, L.P., et al.
01/09/2024Motion to Stay Filed   Motion for Temporary Relief filed on behalf of UMTH General Services, LP, et al.
01/09/2024Case Record Filed   Mandamus Record filed on behalf of UMTH General Services, LP, et al.
01/09/2024Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of UMTH General Services, L.P., et al.
01/05/2026Case Stored  e-stored
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/05/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
UMTH General Services, L.P., UMT Holdings, L.P., UMTH Land Development, L.P., Hollis M. Greenlaw, Todd F. Etter, Ben L. Wissink, and Cara D. ObertRelatorTyler J. Bexley
Ms. Leah F. Bower
Mr. Joel W. Reese
Mr. Peter D. Marketos
Mr. Kendal C. Simpson
NexPoint Diversified Real Estate Trust and NexPoint Real Estate Opportunities, LLCReal Party in Interest Mr. Jonathan Patton
Mr. Jeffrey M. Tillotson
Ms. Stephani Michel
Ms. Anne Johnson
Mr. J. Austen Irrobali
Court of Appeals Information:
Denied 
716 SW3d 701, 12-01-23 
5th Court of Appeals 
Honorable Robbie Partida-Kipness 
Trial Court Information
192nd District Court 
Dallas 
Honorable Maria Aceves 
DC-22-09833