Texas Forge Industrial v. FESCO — dismissed the appeal at the appellant’s request after settlement

Case
Texas Forge Industrial, LLC f/k/a QDI Solutions, LLC v. FESCO, Ltd.
Court
Texas Fourth Court of Appeals
Judge
Lori Massey Brissette (Greg Abbott, 2024); Adrian A. Spears II (elected 2024); H. Todd McCray (elected 2024)
Date Decided
October 28, 2026
Docket No.
04-26-00603-CV
Topics
Voluntary Dismissal; Settlement; Appellate Procedure
Source
Read the full opinion

Background

Texas Forge Industrial, LLC, formerly known as QDI Solutions, LLC, appealed from a case in the 79th Judicial District Court of Jim Wells County, where Judge Michael Ventura Garcia presided.

On October 9, 2026, Texas Forge moved to dismiss its appeal voluntarily. It represented that the parties had reached an agreement concerning settlement of the trial-court dispute and requested that costs be taxed against the party incurring them. FESCO did not oppose the motion.

The Court’s Holding

The Texas Fourth Court of Appeals granted Texas Forge’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).

The memorandum opinion did not address the merits of the underlying dispute. The dismissal followed the appellant’s voluntary request after the parties reached a settlement agreement.

Key Takeaways

  • An appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
  • The court granted dismissal where the appellee did not oppose the motion and the parties had settled the underlying dispute.
  • The appellate court did not decide any substantive issue raised by the appeal.

Why It Matters

The decision illustrates the procedural mechanism for ending a Texas civil appeal after settlement. Because the court dismissed the appeal without reaching its merits, the opinion establishes no substantive ruling on the parties’ underlying claims.

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