Background
Edward Festeryga appealed the Harris County district court’s October 25, 2023 order denying his motion under the Texas Citizens Participation Act.
The First Court of Appeals abated the appeal on October 15, 2024 while a related case remained pending in the Fifth Circuit. After the federal case concluded, the parties notified the court that they had mediated and settled all claims between them on December 29, 2025, and jointly requested dismissal of the appeal.
The Court’s Holding
The court construed the parties’ joint notice of settlement and request for dismissal as a motion. It reinstated the appeal on its active docket, granted the joint motion, and dismissed the appeal.
The court also dismissed all pending motions as moot. Because the appeal ended by agreement following settlement, the court did not address the merits of Festeryga’s TCPA motion or review the trial court’s ruling denying it.
Key Takeaways
- A settlement resolving all claims between the parties can support dismissal of a pending appeal.
- The court reinstated the previously abated appeal before acting on the parties’ dismissal request.
- The dismissal produced no appellate ruling on the merits of the underlying TCPA dispute, and all pending motions were dismissed as moot.
Why It Matters
The memorandum opinion illustrates the procedural disposition of an abated Texas appeal after the parties settle. It does not establish substantive TCPA precedent or determine whether the trial court correctly denied the TCPA motion.