Unreported / Non-Citable
Background
Bilmar Homes, LLC, David Mark Pittman, Jr., and Michael Aaron Barbour filed an interlocutory appeal from a Galveston County district court’s July 31, 2026 temporary-injunction order. They also moved to stay the injunction while the appeal was pending.
Before the Court of Appeals issued an opinion, the parties jointly moved to dismiss the appeal. They represented that they had entered into a settlement agreement fully and finally resolving all claims and disputes among them and had agreed that each party would bear its own costs and attorney’s fees. No other party had filed a notice of appeal.
The Court’s Holding
The Texas First Court of Appeals granted the parties’ joint motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The court did not reach the merits of the temporary-injunction order.
Because the appeal was dismissed following settlement, the court also dismissed all pending motions as moot, including the appellants’ motion to stay the temporary injunction.
Key Takeaways
- Parties may jointly obtain dismissal of an interlocutory appeal after settling the underlying dispute.
- The court expressed no view on whether the temporary injunction was properly issued.
- Dismissal of the appeal rendered the pending motion to stay the injunction moot, and the parties agreed to bear their own costs and attorney’s fees.
Why It Matters
The decision illustrates the procedural effect of a settlement reached during an interlocutory injunction appeal: the appellate court may dismiss the appeal without addressing the injunction’s merits and dispose of related appellate motions as moot.