Public Utility Commission of Texas v. City of Fulshear — Set aside the judgment and remanded after settlement

Case
Public Utility Commission of Texas and North Fort Bend Water Authority v. City of Fulshear, Texas
Court
Texas Fifteenth Court of Appeals
Judge
Chief Justice Brister; Justice Field; Justice Farris
Date Decided
October 27, 2026
Docket No.
15-25-00104-CV
Topics
Settlement; Voluntary Dismissal; Remand
Source
Read the full opinion

Background

The Public Utility Commission of Texas and the North Fort Bend Water Authority appealed from a judgment signed May 15, 2025, by the 53rd District Court of Travis County in litigation involving the City of Fulshear.

On October 7, 2026, the parties filed a joint motion advising the Fifteenth Court of Appeals that they had reached a settlement. They requested disposition under Texas Rule of Appellate Procedure 42.1(a)(2)(B).

The Court’s Holding

The court granted the parties’ joint motion and dismissed the appeal. It did not address the merits of the underlying dispute.

Consistent with the parties’ request, the court set aside the trial court’s judgment without regard to the merits and remanded the case for the trial court to render judgment in accordance with the settlement agreement.

Key Takeaways

  • The parties resolved the dispute through a settlement while the appeal was pending.
  • The appellate court set aside the trial court’s judgment without evaluating its merits.
  • The case returns to the trial court for entry of a judgment implementing the settlement.

Why It Matters

The memorandum opinion illustrates how Texas Rule of Appellate Procedure 42.1(a)(2)(B) permits an appellate court, upon the parties’ agreement, to set aside a lower-court judgment and remand for rendition of a settlement-based judgment.

Because the appeal ended by agreement, the opinion establishes no substantive ruling on the underlying dispute.

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