Unreported / Non-Citable
Background
Nicholas Kreines, David P. Ryan, and Liberty Mineral Partners LLC brought an interlocutory appeal from a proceeding involving ES3 Minerals, LLC, in the Business Court Division 3B in Travis County.
On May 22, 2026, the Texas Fifteenth Court of Appeals granted the appellants’ unopposed motion to abate the appeal while the parties awaited a final judgment from the trial court. After the trial court entered final judgment, the appellants filed an unopposed motion on July 21, 2026, asking the appellate court to dismiss the interlocutory appeal as moot.
The Court’s Holding
The court lifted the abatement and reinstated the appeal on its active docket.
It then granted the appellants’ motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1. The court did not address the merits of the underlying dispute because the entry of final judgment had rendered the interlocutory appeal moot.
Key Takeaways
- A final trial-court judgment rendered this pending interlocutory appeal moot.
- The court reinstated the previously abated appeal before disposing of it.
- The court granted the appellants’ unopposed motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1.
Why It Matters
The decision illustrates that an interlocutory appeal may become moot when the trial court enters final judgment while the appeal is pending. It also shows the procedural sequence the appellate court used here: lifting the abatement, reinstating the case, and then granting the motion to dismiss.