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

Texas Court of Appeals, 10th District (Waco)·Decided August 13, 2026·No. 10-26-00276-CV·Published

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-26-00276-CV

The Fontana Evolution, LLC and Bo Michael Fontana, Appellants

v.

Bay Mountain Fund I, LLC, Appellee

On appeal from the

County Court at Law No 2 of Johnson County, Texas Judge F. Steven McClure, presiding Trial Court Cause No. CC-C20240353

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

On August 4, 2026, the appellants, The Fontana Evolution, LLC and Bo Michael Fontana, and the appellee, Bay Mountain Fund I, LLC, filed an agreed motion to dismiss this appeal because the parties have reached a settlement. The motion indicates that the parties have agreed to dismiss the appeal with prejudice to refiling.

The joint motion to dismiss the appeal is granted. Accordingly, pursuant to the agreement of the parties, this appeal is dismissed with prejudice. See TEX. R. APP. P. 42.1(a). In accordance with the parties’ agreement, each party shall bear its own appellate costs.

STEVE SMITH

Justice

OPINION DELIVERED and FILED: August 13, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06

The Fontana Evolution, LLC v. Bay Mountain Fund I, LLC Page 2

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