Dan Agan v. Topguns Land Company, Inc. D/B/A Top Guns Realty; Gregory Hoffart; And M & H Texas Deveopement , LLC

• Court: Court of Appeals of Texas
• Decided: April 8, 2025
• Docket: 01-24-00795-CV
• Status: Published

Opinion

Opinion issued April 8, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00795-CV ——————————— DAN AGAN, Appellant V. TOPGUNS LAND COMPNAY, INC. D/B/A TOP GUNS REALTY, GREGORY HOFFARD, AND M&H TEXAS DEVELOPMENT, LLC, Appellees

On Appeal from the 506th District Court Grimes County, Texas Trial Court Case No. 035731

MEMORANDUM OPINION

Appellant, Dan Agan, filed a notice of appeal from the trial court’s July 26,

2024 judgment. On January 28, 2025, appellant and appellees, TopGuns Land

Company, Inc., doing business as Top Guns Realty, Gregory Hoffart, and M&H Texas Development, LLC filed a “Joint Notice of Settlement and Motion to Abate

Deadlines,” stating that the parties “reached an agreement that [would] resolve the

case” and were “in the process of finalizing the terms of the settlement and preparing

the necessary settlement documents to formalize the agreement.” The parties

therefore requested that the Court abate the appeal to allow the parties time to

finalize the settlement documents. The Court granted the motion and abated the

appeal pending settlement.

On March 24, 2025, appellant filed a “Motion to Reinstate Case and to

Dismiss with Prejudice.” In his motion, appellant stated that the parties had “settled

and all necessary paperwork to effectuate the settlements ha[d] been finalized.”

Appellant therefore “request[ed] that the Court reinstate the appeal and immediately

dismiss it.”

No other party has filed a notice of appeal, and no opinion has issued. See

TEX R. APP. P. 42.1(a)(2), (c). Appellant’s motion does not include a certificate of

conference stating whether appellees are opposed to the relief requested in the

motion. See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed,

and no party has opposed the motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant appellant’s motion, reinstate this appeal to the Court’s

active docket, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We

dismiss all other pending motions as moot.

2 PER CURIAM Panel consists of Justices Guerra, Caughey, and Morgan.