NFG Energy Services, LLC v. F.E. Moran, INC., Special Hazard Systems

Court of Appeals of Texas

NFG Energy Services, LLC v. F.E. Moran, INC., Special Hazard Systems

Court of Appeals of Texas·Decided July 29, 2025·No. 01-24-00511-CV·Published

Opinion

Opinion issued July 29, 2025

In The

Court of Appeals

For The

First District of Texas

Pending Finalization of Settlement and [to] Suspend Appellate Deadlines.” In their motion, the parties stated that they had “engaged in settlement negotiations and [were] working to finalize a settlement,” and requested abatement to allow them to finalize those negotiations. The Court granted the motion and abated the appeal pending settlement.

On July 21, 2025, the parties filed an “Amended Agreed Joint Motion to Dismiss Appeal.” In the motion, the parties stated that they had “settled their dispute,” ending all controversies between the parties. The parties therefore requested that the Court dismiss the appeal and “set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for any further proceedings necessary to effectuate the parties’ settlement.” See TEX. R. APP. P. 42.1(a)(2)(B). The motion further stated that “each party will bear its own fees and costs.” 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 does not include a certificate of conference, but 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, dismiss the appeal, and set aside the trial court’s judgment without regard without regard to the merits and remand the case to the trial court for

any further proceedings necessary to effectuate the parties’ settlement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). 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.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.

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Opinion issued July 29, 2025

In The

Court of Appeals

For The

First District of Texas

Pending Finalization of Settlement and [to] Suspend Appellate Deadlines.” In their motion, the parties stated that they had “engaged in settlement negotiations and [were] working to finalize a settlement,” and requested abatement to allow them to finalize those negotiations. The Court granted the motion and abated the appeal pending settlement.

On July 21, 2025, the parties filed an “Amended Agreed Joint Motion to Dismiss Appeal.” In the motion, the parties stated that they had “settled their dispute,” ending all controversies between the parties. The parties therefore requested that the Court dismiss the appeal and “set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for any further proceedings necessary to effectuate the parties’ settlement.” See TEX. R. APP. P. 42.1(a)(2)(B). The motion further stated that “each party will bear its own fees and costs.” 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 does not include a certificate of conference, but 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, dismiss the appeal, and set aside the trial court’s judgment without regard without regard to the merits and remand the case to the trial court for

any further proceedings necessary to effectuate the parties’ settlement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). 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.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.

NFG Energy Services, LLC v. F.E. Moran, INC., Special Hazard Systems, (Tex. Ct. App. 2025).

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