CourtListener 10772077•Aubrey M. Hall, Elara Homes, Inc., Elara Signature Homes, Inc., Elara Construction, Inc., Texstar Holdings, LLC., Fictious Name Quagmire Investments, LLC., Stonecraft Homes, Inc., and Jump Lake Jackson, Inc. v. Mark Klaus
Aubrey M. Hall, Elara Homes, Inc., Elara Signature Homes, Inc., Elara Construction, Inc., Texstar Holdings, LLC., Fictious Name Quagmire Investments, LLC., Stonecraft Homes, Inc., and Jump Lake Jackson, Inc. v. Mark Klaus
CourtListener 10772077Txctapp9Jan 8, 2026
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In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00414-CV
__________________
AUBREY M. HALL, ELARA HOMES, INC., ELARA SIGNATURE
HOMES, INC., ELARA CONSTRUCTION, INC., TEXSTAR HOLDINGS,
LLC., FICTIOUS NAME QUAGMIRE INVESTMENTS, LLC.,
STONECRAFT HOMES, INC., AND JUMP LAKE JACKSON, INC.,
Appellants
V.
MARK KLAUS, Appellee
__________________________________________________________________
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 18-09-11899
__________________________________________________________________
MEMORANDUM OPINION
On August 20, 2025, we abated this accelerated appeal from an order denying
a motion to compel arbitration and remanded the case for the trial court to determine
whether Art Aguilar has authority to represent Elara Homes, Inc., Elara Signature
Homes, Inc., Elara Construction, Inc., Texstar Holdings, LLC., Fictious Name
Quagmire Investments, LLC., Stonecraft Homes, Inc., and Jump Lake Jackson, Inc.
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The supplemental clerk’s record filed following remand includes a notice from the
trial court that the court appointed receiver, Darlene Payne-Smith, had settled the
case with Appellee Mark Klaus, the trial court granted motions to withdraw Payne-
Smith as receiver and Aguilar as counsel for all defendants, and signed a final
judgment in trial court cause number 18-09-11899.
On December 3, 2025, Aguilar filed a suggestion of mootness with the
appellate court. No party contested the suggestion of mootness. “A case becomes
moot if a controversy ceases to exist or the parties lack a legally cognizable interest
in the outcome.” Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 642 (Tex. 2005).
Accordingly, we dismiss the accelerated appeal as moot. See Tex. R. App. P. 42.3(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on January 7, 2026
Opinion Delivered January 8, 2026
Before Golemon, C.J., Johnson and Chambers, JJ.
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