Fifteenth Court of Appeals Denies Mandamus Challenging Business Court Discovery Order in Commercial Real Estate Finance Dispute
The Fifteenth Court of Appeals denied a mandamus petition filed by Silver Star Properties REIT, Inc. and three affiliated LLCs seeking to overturn an August 11, 2025 order by Judge Brian Stagner of Business Court Division 8B in Tarrant County. The court held that relators failed to establish entitlement to mandamus relief and denied their accompanying emergency stay motion, leaving Judge Stagner's order intact.
Background and Procedural Posture
Silver Star Properties REIT, Inc. and three affiliated limited liability companies—Silver Star CRE, LLC, Silver Star CRE II, LLC, and Silver Star Delray, LLC—filed an original mandamus proceeding in the Fifteenth Court of Appeals on August 14, 2025. The relators sought extraordinary relief from an order entered by Judge Brian Stagner three days earlier on August 11, 2025. The underlying litigation in Business Court Division 8B, Tarrant County, involves a dispute with three commercial real estate finance entities: BSPRT CRE Finance, LLC, FBRED BCD Finance, LLC, and BSPRT CS Loan, LLC. The case is styled as cause number 25-BC08B-0016. The relators simultaneously filed a motion for emergency stay of the trial court proceedings.
The Court's Decision
The Fifteenth Court of Appeals issued a brief memorandum opinion denying relief. The three-judge panel, consisting of Chief Justice Brister and Justices Field and Farris, concluded:
Relators have not established they are entitled to mandamus relief.
Based on this determination, the court denied both the petition for writ of mandamus and the related emergency motion for stay. The opinion provides no detail about the substance of the August 11, 2025 order being challenged, the legal arguments advanced by the Silver Star entities, or the specific grounds on which the mandamus petition failed.
Significance for Texas Business Court Practice
This decision demonstrates that parties seeking mandamus relief from Business Court orders face the burden of establishing entitlement to such extraordinary relief. The Fifteenth Court of Appeals' willingness to deny the petition in a brief memorandum opinion without extended analysis indicates that mandamus petitions from the Business Court will receive the same scrutiny as those from other trial courts. The denial leaves Judge Stagner's August 11 order in effect and allows the underlying commercial real estate finance dispute to proceed in Business Court Division 8B.