Unreported / Non-Citable
Background
The Fontana Evolution, LLC, Bo Fontana, and Jessica Fontana appealed from a proceeding in the 348th District Court of Tarrant County, Texas, involving Bay Mountain Fund I, LLC. The trial-court cause number was 348-377851-26.
During the appeal, the parties filed an agreed motion asking the Second Court of Appeals to dismiss the appeal. The court’s memorandum opinion does not describe the underlying dispute or the terms prompting the agreed dismissal.
The Court’s Holding
The court granted the parties’ agreed motion and dismissed the appeal with prejudice under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The dismissal with prejudice ended this appeal and prevents its refiling.
The court also ordered each party to bear its own appellate costs, citing Texas Rules of Appellate Procedure 42.1(d) and 43.4. The per curiam opinion did not address the merits of the underlying controversy.
Key Takeaways
- An agreed motion may support voluntary dismissal of a Texas appeal.
- The court dismissed this appeal with prejudice and did not decide the underlying merits.
- Each party was required to bear its own costs of appeal.
Why It Matters
The decision illustrates the procedural result when parties jointly seek to terminate an appeal: the appellate court may dismiss it with prejudice and allocate costs according to the parties’ agreement or the governing appellate rules. Because the court did not reach the merits, the opinion establishes no substantive rule concerning the parties’ underlying dispute.