Destino Energy LLC and Destino Occidental LLC v. LRH Energy Capital LLC

Opinion

Opinion issued June 5, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-01019-CV ——————————— DESTINO ENERGY LLC AND DESTINO OCCIDENTAL LLC, Appellants V. LRH ENERGY CAPITAL LLC, LRH ENERGY N&F HOLDINGS LLC, LRH ENERGY NFB FUNDS HOLDCO LLC, LRH ENERGY Z FUND 1 LP, LRH LOAN 2 LLC, LRG SIEGEL SPV 1 LLC, LRH ENERGY HYBRID RISK FUND 1 LP, JANETTE CONRADSON, HEIDI KUZMA, AND RICHARD KAUFMAN, Appellees

On Appeal from the 215th District Court Harris County, Texas Trial Court Case No. 2021-20277

MEMORANDUM OPINION

Appellants, Destino Energy LLC and Destino Occidental LLC, filed a notice

of appeal from the trial court’s September 30, 2024 judgment. In addition to the notice of appeal of appellants, appellee, LRH Energy Capital LLC, filed a “Notice

of Conditional Cross-Appeal,” appealing “if (and only if) the Court of Appeals alters

the trial court’s judgment by reinstating” appellants’ claims.

On April 17, 2025, the court abated this appeal and referred the parties to

mediation. On May 8, 2025, appellants and appellees, LRH Energy Capital LLC,

LRH Energy N&F Holdings LLC, LRH Energy NFB Funds HoldCo LLC, LRH

Energy Z Fund 1 LP, LRH Loan 2 LLC, LRH Siegel SPV 1 LLC, LRH Energy

Hybrid Risk Fund 1 LP, Janette Conradson, Heidi Kuzma, and Richard Kaufman,

filed a “Joint Objection to Abatement and Motion to Dismiss with Prejudice.”

In the motion, the parties stated that they had “settled and agreed to dismiss

with prejudice all claims by and between them.” The motion therefore requested

that the “Court dismiss this appeal.” The motion further stated that the parties

“agreed that all taxable costs shall be assessed against the party incurring same.”

See TEX. R. APP. P. 42.1(d).

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

TEX R. APP. P. 42.1(a)(2), (c). The motion was filed jointly and is signed by counsel

for all parties. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, we grant the parties’ joint motion, reinstate this appeal to the

Court’s active docket and dismiss the appeal of appellants. See TEX. R. APP. P.

42.1(a)(1), 43.2(f). We also dismiss the conditional cross-appeal of LRH Energy

2 Capital LLC. We further direct the Clerk of this Court that costs are to be taxed

against the party incurring the same. See TEX. R. APP. P. 42.1(d). We dismiss all

other pending motions as moot.

Panel consists of Justices Guerra, Gunn, and Dokupil.