The Fontana Evolution, LLC and Bo Fontana v. Bay Mountain Fund I LLC

Opinion

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth

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No. 02-25-00608-CV

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THE FONTANA EVOLUTION, LLC AND BO FONTANA, Appellants V.

BAY MOUNTAIN FUND I LLC, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas

Trial Court No. 2024-007883-1

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

Memorandum Opinion by Chief Justice Sudderth

MEMORANDUM OPINION

Appellants The Fontana Evolution, LLC and Bo Fontana filed this appeal to challenge their eviction from certain real property owned by Appellee Bay Mountain Fund I LLC. But the parties have since notified the court of “a full and final settlement of all claims in this case,” and they have filed a joint motion to dismiss the appeal under Rule of Appellate Procedure 42.1(a)(2). See Tex. R. App. P. 42.1(a)(2) (authorizing disposition of a civil appeal based on an agreement of the parties).

The joint motion—which is signed by all parties’ counsel—asks us to effectuate the terms of the parties’ agreement by “dismissing this appeal . . . and tax[ing] costs to the party incurring them.” See Tex. R. App. P. 42.1(a)(2)(A) (authorizing appellate court to dismiss a civil appeal “[i]n accordance with an agreement signed by the parties or their attorneys” and to “render judgment effectuating the parties’ agreement”).

We grant the motion, dismiss the appeal, and tax the costs of the appeal to the party incurring them.. See Tex. R. App. P. 42.1(a)(2), (d), 43.2(f), 43.4.

/s/ Bonnie Sudderth

Bonnie Sudderth

Chief Justice

Delivered: August 13, 2026