Unreported / Non-Citable
Background
Ellen’s Tarrant Texas 1, LLC, Joseph Groves, and Andrew Chooljian appealed from a final judgment entered for Greenstar Development Holdings II LLC following a bench trial in the 17th District Court of Tarrant County.
The Texas Supreme Court transferred the appeal from the Second Court of Appeals to the Eleventh Court of Appeals under a docket-equalization order. While the appeal was pending, the appellants filed an agreed motion to dismiss under Texas Rule of Appellate Procedure 42.1(a), stating that the parties had compromised and settled all matters at issue.
The Court’s Holding
The Eleventh Court of Appeals granted the appellants’ agreed motion and dismissed the appeal.
The court did not address the merits of the trial court’s judgment or the underlying dispute. Its disposition rested solely on the parties’ settlement and representation that further prosecution of the appeal was unnecessary.
Key Takeaways
- The parties settled all matters at issue while the appeal was pending.
- The appellate court granted the agreed motion for voluntary dismissal.
- The memorandum opinion contains no ruling on the merits of the underlying claims or the trial court’s judgment.
Why It Matters
The decision illustrates the procedural result when parties resolve their dispute during an appeal: the appellate court may grant an agreed dismissal motion without reviewing the merits.
Because the court issued no substantive analysis, the opinion does not establish guidance on the legal issues litigated at the bench trial.