Background
The Fontana Evolution, LLC and Bo Michael Fontana appealed from a proceeding in Johnson County Court at Law No. 2 involving Bay Mountain Fund I, LLC. The trial court case was Cause No. CC-C20240353, with Judge F. Steven McClure presiding.
On August 4, 2026, the parties filed an agreed motion to dismiss the appeal because they had reached a settlement. Their motion stated that they had agreed to dismissal with prejudice to refiling.
The Court’s Holding
The Texas Tenth Court of Appeals granted the parties’ joint motion under Texas Rule of Appellate Procedure 42.1(a). In accordance with their agreement, the court dismissed the appeal with prejudice.
The court also ordered each party to bear its own appellate costs. Justice Steve Smith delivered the memorandum opinion for the three-judge panel.
Key Takeaways
- A settlement led the parties jointly to seek dismissal of the appeal.
- The court dismissed the appeal with prejudice, preventing it from being refiled.
- Each party was ordered to bear its own appellate costs under the parties’ agreement.
Why It Matters
The decision illustrates how Texas appellate courts may dispose of an appeal by agreement after the parties settle. A dismissal with prejudice brings the appellate proceeding to a final close and bars refiling of the appeal.