Background
Mod Super Fast Pizza, LLC appealed from a trial court order granting summary judgment in favor of A-S 116 North Tarrant Pkwy-Precinct Line, L.P. in the 67th District Court of Tarrant County. The appeal was initially docketed in the Second Court of Appeals but was transferred to the Eleventh Court of Appeals pursuant to a docket equalization order from the Texas Supreme Court.
After the transfer, rather than proceeding to briefing and oral argument on the merits, the appellant filed an unopposed motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a).
The Court’s Holding
The Eleventh Court of Appeals granted the motion to dismiss. The court found that the parties had reached an agreement to terminate the appeal with prejudice, with each party bearing its own appellate costs. No substantive review of the underlying summary judgment order occurred.
Key Takeaways
- The parties settled their dispute at the appellate stage, avoiding briefing and oral argument.
- The dismissal was entered “with prejudice,” meaning the claims cannot be refiled.
- Each party bore its own appellate costs under the settlement agreement.
- The appellate court did not reach the merits of the summary judgment order.
Why It Matters
This opinion illustrates how parties may resolve disputes through appellate dismissal agreements without requiring the court to address substantive legal issues. The case provides no precedent on the underlying commercial dispute between the pizza company and property entity, as it was resolved through settlement rather than judicial determination of the trial court’s summary judgment ruling.