Texas Business Court Decision – February 25, 2025

No. 24-BC11A-0013  Cypress Towne Center. Ltd, etc. v. Kimco Realty Services, Inc., et al. 

[Judge Androgue’, Eleventh Division]

Removal and Jurisdiction. This action for breach of contract and breach of fiduciary duty was commenced in  Harris County Circuit Court in June 2022. It was removed to the Business Court on October 14, 2024 by defendants, and plaintiff moves to remand. Held: (1) the court lacks jurisdiction over the removed action because it was commenced prior to September 1, 2024 – see In re ETC Field Servs., LLC, No. 15-24-00131-CV, 2025 WL 382320 (Tex. App. – 15th Dist., Feb. 21, 2025, orig. proceeding); (2) the court rejects defendants’ argument to create an exception to this settled rule and hold that a party may remove an action which was commenced prior to September 1, 2024 if the action is subsequently amended to add a publicly traded company as a defendant after September 1, 2024;  and (3) in its current unqualified form, Section 8 uniformly applies to all parties to a civil action, independent of when a party is joined. The motion to remand is granted, and the case is remanded to the 11th Judicial District Court of Harris County.