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

Opinion issued July 29, 2025

In The

Court of Appeals
For The

First District of Texas
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NO. 01-24-00511-CV
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NFG ENERGY SERVICES, LLC, Appellant
V.
F.E. MORAN, INC. SPECIAL HAZARD SYSTEMS, Appellee

On Appeal from the 80th District Court
Harris County, Texas
Trial Court Case No. 2021-51177

MEMORANDUM OPINION

Appellant, NFG Energy Services, LLC, filed a notice of appeal from the trial

court’s April 12, 2024 final judgment. Subsequently, appellee, F.E. Moran, Inc.

Special Hazard Systems, also filed a notice of appeal from the trial court’s final

judgment. On October 23, 2024, the parties filed a “Joint Motion to Abate Appeal[]
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

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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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