Aubrey M. Hall, Elara Homes, Inc., Elara Signature Homes, Inc., Elara Construction, Inc., Texstar Holdings, LLC., Fictious Name Quagmire Investments, LLC., Stonecraft Homes, Inc., and Jump Lake Jackson, Inc. v. Mark Klaus

• Court: Texas Court of Appeals, 9th District (Beaumont)
• Decided: January 8, 2026
• Docket: 09-24-00414-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00414-CV __________________

AUBREY M. HALL, ELARA HOMES, INC., ELARA SIGNATURE HOMES, INC., ELARA CONSTRUCTION, INC., TEXSTAR HOLDINGS, LLC., FICTIOUS NAME QUAGMIRE INVESTMENTS, LLC., STONECRAFT HOMES, INC., AND JUMP LAKE JACKSON, INC., Appellants

V.

MARK KLAUS, Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 18-09-11899 __________________________________________________________________

MEMORANDUM OPINION

On August 20, 2025, we abated this accelerated appeal from an order denying

a motion to compel arbitration and remanded the case for the trial court to determine

whether Art Aguilar has authority to represent Elara Homes, Inc., Elara Signature

Homes, Inc., Elara Construction, Inc., Texstar Holdings, LLC., Fictious Name

Quagmire Investments, LLC., Stonecraft Homes, Inc., and Jump Lake Jackson, Inc.

1 The supplemental clerk’s record filed following remand includes a notice from the

trial court that the court appointed receiver, Darlene Payne-Smith, had settled the

case with Appellee Mark Klaus, the trial court granted motions to withdraw Payne-

Smith as receiver and Aguilar as counsel for all defendants, and signed a final

judgment in trial court cause number 18-09-11899.

On December 3, 2025, Aguilar filed a suggestion of mootness with the

appellate court. No party contested the suggestion of mootness. “A case becomes

moot if a controversy ceases to exist or the parties lack a legally cognizable interest

in the outcome.” Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 642 (Tex. 2005).

Accordingly, we dismiss the accelerated appeal as moot. See Tex. R. App. P. 42.3(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on January 7, 2026 Opinion Delivered January 8, 2026

Before Golemon, C.J., Johnson and Chambers, JJ.