National Collegiate Athletic Association v. Rashaun Agee

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: June 25, 2026
• Docket: 10-25-00399-CV
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00399-CV

National Collegiate Athletic Association, Appellant

v.

Rashaun Agee, Appellee

On appeal from the 472nd District Court of Brazos County, Texas Judge G. Jerrell Wise, presiding Trial Court Cause No. 25-002737-CV-472

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Appellant National Collegiate Athletic Association (“NCAA”) challenges

a temporary injunction issued in favor of Appellee Rashaun Agee (“Mr. Agee”)

on his claims against the NCAA. Mr. Agee filed a nonsuit with prejudice on

April 21, 2026, dismissing every claim against the NCAA on the merits. The

NCAA asserted no affirmative claims for relief. Mr. Agee filed his Motion to

Dismiss Appeal as Moot on April 21, 2026, which the NCAA opposed. A nonsuit “extinguishes a case or controversy from the moment the

motion is filed or an oral motion is made in open court; the only requirement

is the mere filing of the motion with the clerk of the court.” Travelers Ins.,

315 S.W.3d at 862 (quoting Univ. of Tex. Med. Branch at Galveston v. Estate

of Blackmon ex rel. Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam)). We

hold that the nonsuit moots NCAA's appeal challenging the injunction

granted to Mr. Agee, and we therefore dismiss the NCAA’s appeal as moot.

Rashaun Agee’s Motion to Dismiss Appeal as Moot is granted.

LEE HARRIS Justice

OPINION DELIVERED and FILED: June 25, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Motion granted CV06

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