MATTER OF RE PALM SPRINGS II, L.L.C.

No. 23-10603.

106 F.4th 406 (2024)

In the MATTER OF RE PALM SPRINGS II, L.L.C., Debtor. SR Construction Incorporated, Appellant, v. RE Palm Springs II, L.L.C.; Hall Palm Springs, L.L.C., Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2024.


Attorney(s) appearing for the Case

Ismail Amin (argued), TALG, Limited, Dallas, TX, Richard Barrett Phillips, Jr., Holland & Knight, L.L.P., Dallas, TX, Bruce J. Zabarauskas, Holland & Knight, L.L.P., Newport Beach, CA, for Appellant.

Emily Scott Wall, Charles Brackett Hendricks, Esq., Cavazos Hendricks Poirot, P.C., Dallas, TX, for Appellee RE Palm Springs II, L.L.C.

Frank Jennings Wright, Attorney (argued), Jeffery Michael Veteto, Dallas, TX, for Appellee Hall Palm Springs, L.L.C.

Before Barksdale, Southwick, and Graves, Circuit Judges.


The appellant in this case, SR Construction ("SRC"), is a construction company that was hired to build a hotel in the California desert. But SRC was terminated before the hotel was finished, leaving it with a demand for $14 million in unpaid work. First, SRC tried to stop the sale of the hotel from a new owner...

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