Evergreen Environmental Services, L.L.C. v. Evoqua Water Technologies, LLC

Opinion

Opinion issued April 27, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00925-CV ——————————— EVERGREEN ENVIRONMENTAL SERVICES, L.L.C., Appellant V. EVOQUA WATER TECHNOLOGIES, LLC, Appellee

On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2022-48769

MEMORANDUM OPINION

On December 13, 2022, appellant, Evergreen Environmental Services, L.L.C.,

filed a notice of appeal from the trial court’s order granting the Motion to Dismiss

for Improper Venue and Motion to Enforce Forum Selection Clause of appellee,

Evoqua Water Technologies, LLC. On April 17, 2023, the parties filed a “Joint Motion to Dismiss Appeal.” In the motion, the parties represented that they had

“entered a settlement agreement which fully resolved all their disputes in th[e] matter

rendering further proceedings unnecessary.” The parties requested that the Court

“grant [their] [m]otion and dismiss the appeal.” See TEX. R. APP. P. 42.1(a)(2). The

motion further stated that “[e]ach party ha[d] agreed to bear its own costs of this

appeal.”

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

TEX. R. APP. P. 42.1(a)(2), (c).

Accordingly, we grant the parties’ motion and dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(2), 43.2. We 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. We dismiss all

other pending motions as moot.

Panel consists of Justices Landau, Countiss, and Guerra.