Radial Power Asset, LLC v. UNIRAC,Inc

Opinion issued April 9, 2026

In The

Court of Appeals
For The

First District of Texas
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NO. 01-25-00896-CV
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RADIAL POWER ASSET, LLC, Appellant
V.
UNIRAC, INC, Appellee

On Appeal from the 234th District Court
Harris County, Texas
Trial Court Case No. 2025-64184

MEMORANDUM OPINION

Appellant Radial Power Asset, LLC has filed an unopposed motion to dismiss

the appeal because the parties reached an agreement resolving all issues in dispute.

Because the settlement agreement has been finalized and all parties agree to dismiss

the appeal, which is now moot, appellant asks that we dismiss the appeal.
We grant the motion. Because appellant states that the appeal is moot, and

appellee is unopposed, we vacate the trial court’s judgment and dismiss the case. 1

See Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012) (“If a case is

or becomes moot, the court must vacate any order or judgment previously issued and

dismiss the case for want of jurisdiction.”); TEX. R. APP. P. 42.1(a), 43.2(e). Any

other pending motions are dismissed as moot.

PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.

1
The Court issued notice to the parties advising that, because the motion stated that
the appeal was moot, the Court would vacate the trial court’s judgment and dismiss
the case. See Alsobrook v. MTGLQ Investors, L.P., 656 S.W.3d 394, 395 (Tex.
2022) (if case becomes moot on appeal, “usual practice” is to vacate trial court
judgment and dismiss case for want of jurisdiction). The Court requested a response
by March 16, 2026 if any party opposed this disposition and appellant responded
that it did not oppose this result.
2