Unreported / Non-Citable
Background
Fattig Business Development Services, LLC, doing business as Apogee League City East, appealed from a March 27, 2026 order of the 212th District Court of Galveston County. The trial court had denied Fattig’s motion under the Texas Citizens Participation Act to dismiss claims brought by Acton Academy, a nonprofit corporation.
On September 4, 2026, the parties jointly moved to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The First Court of Appeals granted the parties’ joint motion and dismissed Fattig’s appeal pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court did not address the merits of the TCPA motion or the trial court’s ruling. It also dismissed all other pending motions as moot.
Key Takeaways
- The appeal ended through the parties’ joint request for voluntary dismissal.
- The appellate court issued no ruling on whether Acton Academy’s claims should have been dismissed under the TCPA.
- Any other motions pending in the appeal were dismissed as moot.
Why It Matters
The decision resolves only the appellate proceeding and creates no substantive holding concerning the TCPA. Practitioners should not treat the dismissal as approval or rejection of the trial court’s decision denying Fattig’s motion to dismiss.