Unreported / Non-Citable
Background
Midland County Utility District brought an accelerated appeal from two orders entered by the 441st District Court in Midland County. The trial court had granted an application for a temporary injunction filed by Park Water Company, Paleo Land Company, LLC, and Permian Basin Water Resources, LLC, and had denied the utility district’s plea to the jurisdiction.
While the appeal was pending, the parties entered into a settlement agreement. The utility district then filed an agreed motion under Texas Rule of Appellate Procedure 42.1(a), asking the Eleventh Court of Appeals to dismiss the appeal.
The Court’s Holding
The court granted the utility district’s agreed motion and dismissed the appeal.
The memorandum opinion did not address the merits of the temporary injunction or the plea to the jurisdiction. Its disposition rested solely on the parties’ settlement and agreed request for dismissal.
Key Takeaways
- The appeal challenged both the grant of a temporary injunction and the denial of a plea to the jurisdiction.
- The parties settled while the accelerated appeal was pending and jointly sought dismissal.
- The appellate court dismissed the appeal without deciding either challenged ruling on the merits.
Why It Matters
The decision illustrates that parties may end an interlocutory, accelerated appeal through an agreed dismissal after settlement. Because the court did not reach the substantive issues, the opinion establishes no appellate holding concerning the temporary injunction or the trial court’s jurisdiction.