Carl Nathan Thomas and Stephanie Thomas v. Babylon Capital, LLC

• Court: Court of Appeals of Texas
• Decided: August 14, 2025
• Docket: 01-25-00382-CV
• Status: Published

Opinion

Opinion issued August 14, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00382-CV ——————————— CARL NATHAN THOMAS AND STEPHANIE THOMAS, Appellants V. BABYLON CAPITAL, LLC, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2022-68600

MEMORANDUM OPINION

Appellants, Carl Nathan Thomas and Stephanie Thomas, filed a notice of

appeal from the trial court’s May 12, 2025 final judgment. On June 27, 2025,

appellants filed a “Notice of Dismissal of Appeal.” In this notice, appellants stated

that they “no longer wish[ed] to pursue this appeal, as the underlying case ha[d] been settled by the parties.” Appellants therefore requested that the Court dismiss the

appeal. See TEX. R. APP. P. 42.1(a) (permitting voluntary dismissal of appeal on

motion of appellant).

Settlement of a dispute between parties generally results in mootness, which,

in turn, requires dismissal of the entire lawsuit and not merely dismissal of the

appeal, as was requested by appellants. Therefore, on July 15, 2025, the Court issued

an order directing appellants to file either a written response clarifying that only the

appeal is to be dismissed, or to the extent the entire case is to be dismissed, an

amended motion to dismiss complying with Texas Rule of Appellate Procedure

42.1(a)(2). See TEX. R. APP. P. 42.1(a)(2) (providing for voluntary dismissal of

appeals by “agreement signed by the parties or their attorneys”). Appellants were

further notified that the failure to respond to the Court’s July 15, 2025 order would

result in dismissal of the appeal for failure to comply with an order of the Court. See

TEX. R. APP. P. 42.3(c).

Despite the Court’s notice that the appeal was subject to dismissal, appellants

failed to respond to the Court’s July 15, 2025 order. Accordingly, we dismiss this

appeal “because the appellant[s] ha[ve] failed to comply with . . . a court

order . . . requiring a response or other action within a specified time.” See TEX. R.

APP. P. 42.3(c), 43.2(f). We dismiss all other pending motions as moot.

2 PER CURIAM Panel consists of Justices Guerra, Gunn, and Dokupil.