Reported / Citable
Background
Martin Munoz Martinez brought this action individually and on behalf of the estate of M.A.M., a minor child, against Zia Homes of El Paso, LLC and Zia Homes, Inc. The case originated in County Court at Law No. 7 in El Paso County, Texas. Following the trial court proceedings, Martinez appealed to the Eighth Court of Appeals on June 25, 2025.
The Court’s Holding
The court granted the parties’ agreed motion to dismiss the appeal with prejudice, filed June 15, 2026. Both the appellant and appellees stipulated that they had reached a resolution of the underlying dispute and jointly requested dismissal of the appeal. The court honored this settlement agreement and entered an order of dismissal.
Under the terms of the agreed motion, each party bears its own costs of the appeal. The dismissal with prejudice precludes any future appeal or litigation of the same claims.
Key Takeaways
- Parties may settle disputes and seek dismissal of appeals at any stage of litigation
- Dismissal with prejudice prevents refiling of the same claims
- Texas appellate courts enforce settlement agreements negotiated by counsel
- Each party typically bears its own costs unless otherwise agreed
Why It Matters
This order demonstrates that settlement negotiations can occur even after an appeal is filed. Rather than requiring the appellate court to decide the merits, the parties resolved their dispute, resulting in a final judgment that bars future litigation of the same claims.