Rialto Homes, LP and Rialto Management, LLC v. Matthew and Tatum Toohey, Individually and as Next Friends of Minors BT and WT

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-26-00344-CV

RIALTO HOMES, LP, Rialto Management, LLC, and Toll Brothers, Inc., Appellants

v.

Matthew and Tatum TOOHEY, Individually and as Next Friends of Minors BT and WT, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CI-04062 Honorable Rosie Alvarado, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: July 29, 2026 PARTIALLY DISMISSED Appellant Toll Brothers, Inc. filed a motion to dismiss its appeal against appellees. We grant the motion and dismiss the appeal as to Toll Brothers only. See TEX. R. APP. P. 42.1(b) (“A severable portion of the proceeding may be disposed of under (a) if it will not prejudice the remaining parties.”). The appeal filed by Rialto Homes, LP and Rialto Management, LLC remains pending before the court. This appeal shall hereafter be styled Rialto Homes, LP and Rialto Management, LLC v. Matthew and Tatum Toohey, Individually and as Next Friends of Minors BT

04-26-00344-CV

and WT. Because the motion does not disclose an agreement of the parties regarding the assessment of costs, we order all costs up to this point in the appeal assessed against Toll Brothers. See TEX. R. APP. P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).

PER CURIAM