EMJ Corporation N/K/A EMJ Construction, LLC v. EPT Montecillo Town Center Apartments, LLC, Hardy Hole Drilling, LLC, VEMAC, LLC F/K/A Villegas Engineering Management and Construction, Inc. and ZTEX Construction, Inc.
Opinion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
Appellees have settled their dispute and ask that this Court dismiss Western Surety Company from
the appeal. See Tex. R. App. P. 42.1(a)(2)(A)–(C) (authorizing an appellate court—in accordance
with an agreement signed by the parties—to render judgment, set aside a judgment and remand for
further proceedings, or abate the appeal to permit proceedings in the trial court).
Appellant EMJ Corporation n/k/a EMJ Construction, LLC’s appeal remains. Rule
42.1(a)(2) does not authorize dismissal by agreement. Therefore, we construe the joint motion as
a voluntary motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). Tex. R.
App. P. 42.1(a)(1) (authorizing dismissal on the motion of an appellant). As construed, the motion
is GRANTED. Tex. R. App. P. 42.1(b) (allowing partial disposition that will not prejudice
remaining parties). We dismiss Western Surety Company from this appeal. Costs are taxed against
the party incurring the same, pursuant to the joint motion. Tex. R. App. P. 42.1(d).
MARIA SALAS MENDOZA, Chief Justice
October 24, 2025
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
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EMJ Corporation N/K/A EMJ Construction, LLC v. EPT Montecillo Town Center Apartments, LLC, Hardy Hole Drilling, LLC, VEMAC, LLC F/K/A Villegas Engineering Management and Construction, Inc. and ZTEX Construction, Inc. (EMJ Corporation N/K/A EMJ Construction, LLC v. EPT Montecillo Town Center Apartments, LLC, Hardy Hole Drilling, LLC, VEMAC, LLC F/K/A Villegas Engineering Management and Construction, Inc. and ZTEX Construction, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.