Background
Ecommerce Lending, LLC brought an interlocutory appeal against American Property Investment, Inc. from a proceeding in the 368th District Court of Williamson County.
After the parties settled the matter, Ecommerce Lending filed an unopposed motion asking the Third Court of Appeals to dismiss its appeal with prejudice.
The Court’s Holding
The court granted Ecommerce Lending’s motion under Texas Rule of Appellate Procedure 42.1(a).
The court dismissed both the underlying lawsuit and the appeal with prejudice. It did not address the merits of the parties’ dispute.
Key Takeaways
- A settlement resolved the dispute while the interlocutory appeal was pending.
- The appellant’s motion to dismiss with prejudice was unopposed.
- The court dismissed both the lawsuit and the appeal with prejudice under Texas Rule of Appellate Procedure 42.1(a).
Why It Matters
The disposition confirms that an agreed settlement may end not only a pending interlocutory appeal but also the underlying lawsuit when the appellant requests that relief and the court grants it. Because the court issued no merits ruling, the opinion establishes no substantive holding about the parties’ underlying claims.