Encore Enterprises, Inc., a Texas Corporation, Encore Borderplex, LLC, EMF Grand Mission Investments, LP, and Encore MF Sendero, L.P. v. Borderplex Realty Trust, a Maryland Real Estate Investment Trust, and BRT Realty Operating Limited Partnership

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ENCORE ENTERPRISES, INC., A TEXAS CORPORATION, § ENCORE BORDERPLEX, LLC, No. 08-17-00153-CV EMF GRAND MISSION § INVESTMENTS, LP, AND Appeal from ENCORE MF SENDERO, L.P., § County Court at Law No. 6 Appellants, § of El Paso County, Texas v. § (TC # 2016-DCV2446) BORDERPLEX REALTY TRUST, A § MARYLAND REAL ESTATE INVESTMENT TRUST, AND § BRT REALTY OPERATING LIMITED PARTNERSHIP, § Appellees. § OPINION This accelerated interlocutory appeal arises from a race to the courthouse. The winner of that race, Borderplex Realty Trust and its…