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Weston Dean Custom Homes — Appeal dismissed with prejudice after settlement

Unreported / Non-Citable

Case
Weston Dean Custom Homes, LP v. Michael Romanko and Mitzi Romanko
Court
Texas Fourth Court of Appeals
Judge
Adrian A. Spears II (elected 2024); H. Todd McCray (elected 2024)
Date Decided
August 5, 2026
Docket No.
04-25-00821-CV
Topics
Settlement; Voluntary Dismissal; Appellate Costs
Source
Read the full opinion

Background

Weston Dean Custom Homes, LP appealed from a case in the 225th Judicial District Court of Bexar County involving Michael and Mitzi Romanko.

During the appeal, the parties entered into a settlement agreement and jointly moved to dismiss the appeal with prejudice under Texas Rule of Appellate Procedure 42.1(a)(2)(A).

The Court’s Holding

The Texas Fourth Court of Appeals granted the parties’ joint motion and dismissed the appeal with prejudice. The court did not address the merits of the underlying dispute.

Under Texas Rule of Appellate Procedure 42.1(d), the court taxed the appellate costs against appellant Weston Dean Custom Homes, LP.

Key Takeaways

  • A Texas appellate court may dismiss an appeal based on the parties’ agreement under Rule 42.1(a)(2)(A).
  • The dismissal was with prejudice because the parties had settled their dispute and jointly requested that disposition.
  • Weston Dean Custom Homes was ordered to bear the costs of the appeal.

Why It Matters

The memorandum opinion illustrates the procedure for ending a Texas civil appeal after settlement. Because the court dismissed the appeal without reaching the merits, the decision establishes no substantive ruling on the parties’ underlying claims.

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