What did the court decide?

The court dismissed the appeal because both parties told the court they had settled and asked for dismissal.

Does this decision resolve the original dispute on the merits?

No. The dismissal is procedural following settlement; the court did not rule on the underlying legal claims.

Who is affected by this dismissal?

The parties to the appeal, Burns Surveying, LLC and DJ Garrett, LLC, are relieved of the appellate litigation because they settled their dispute and ended the appeal.

Can the dismissal be undone?

Generally, a voluntary dismissal following settlement is final, but parties may seek to reopen or set aside dismissal only under limited procedural grounds and timelines; they should consult counsel quickly if they want to revisit the case.

Burns Surveying, LLC v. DJ Garrett, LLC

Docket 06-25-00132-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 17, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 6th District (Texarkana)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 06-25-00132-CV

Appeal from the 336th District Court of Fannin County, Texas (trial court No. CV-24-46771), voluntarily dismissed by joint motion following settlement.

Summary

The Court of Appeals for the Sixth Appellate District of Texas dismissed this appeal because the parties filed a joint notice that they resolved their disputes and moved to dismiss. The court granted the motion under Texas Rule of Appellate Procedure 42.1(a)(1) and entered dismissal. The decision is procedural: no merits ruling was made because the parties voluntarily ended the litigation by settlement and asked the court to close the appeal.

Issue Decided

Whether the appeal should be dismissed following a joint notice of resolution and motion to dismiss by the parties.

Court's Reasoning

The court relied on the parties' joint notice that they had resolved their dispute and their express request to dismiss the appeal. Under Texas Rule of Appellate Procedure 42.1(a)(1), the appellate court may grant dismissal when the parties jointly move to dismiss an appeal. Because the parties sought voluntary dismissal, the court had no need to decide the underlying merits and properly dismissed the appeal.

Authorities Cited

Texas Rule of Appellate Procedure 42.1(a)(1)TEX. R. APP. P. 42.1(a)(1)

Parties

Appellant: Burns Surveying, LLC
Appellee: DJ Garrett, LLC
Judge: Charles van Cleef

Key Dates

Date Submitted: 2026-04-16
Date Decided: 2026-04-17

What You Should Do Next

1
Confirm settlement terms
Ensure all terms of the parties' settlement are reduced to a signed writing and that any conditions or payments are completed as agreed.
2
Close related filings
File any agreed motions to dismiss or satisfaction/withdrawal documents in the trial court and take steps to terminate any liens, notices, or obligations tied to the lawsuit.
3
Consult counsel if dispute arises
If one party believes the other failed to comply with the settlement, consult an attorney promptly about possible motions to enforce the settlement or to reopen the case.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because both parties told the court they had settled and asked for dismissal.
Does this decision resolve the original dispute on the merits?: No. The dismissal is procedural following settlement; the court did not rule on the underlying legal claims.
Who is affected by this dismissal?: The parties to the appeal, Burns Surveying, LLC and DJ Garrett, LLC, are relieved of the appellate litigation because they settled their dispute and ended the appeal.
Can the dismissal be undone?: Generally, a voluntary dismissal following settlement is final, but parties may seek to reopen or set aside dismissal only under limited procedural grounds and timelines; they should consult counsel quickly if they want to revisit the case.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

In the
              Court of Appeals
Sixth Appellate District of Texas at Texarkana


                  No. 06-25-00132-CV



         BURNS SURVEYING, LLC, Appellant

                            V.

              DJ GARRETT, LLC, Appellee




         On Appeal from the 336th District Court
                 Fannin County, Texas
             Trial Court No. CV-24-46771




      Before Stevens, C.J., van Cleef and Rambin, JJ.
       Memorandum Opinion by Justice van Cleef
                               MEMORANDUM OPINION

       The parties have filed a joint notice of resolution of claims and motion to dismiss stating

that they have settled their disputes and are seeking a voluntary dismissal of this appeal.

Pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure, we grant their motion to

dismiss. See TEX. R. APP. P. 42.1(a)(1).

       Accordingly, we dismiss this appeal.




                                              Charles van Cleef
                                              Justice

Date Submitted:       April 16, 2026
Date Decided:         April 17, 2026




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