Eric Erdeljac v. Kalahari Development LLC; KR Acquisitions, LLC D/B/A Kalahari Resorts & Conventions; And Gerson Velasquez
Docket 08-25-00299-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 8th District (El Paso)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 08-25-00299-CV
Appeal from the 425th Judicial District Court, Williamson County, Texas (trial court no. 23-2650-C425).
Summary
The court granted the parties' agreed motion to dismiss the appeal and the plaintiff's underlying claims with prejudice. The Court of Appeals rendered judgment dismissing Appellant Eric Erdeljac's claims against appellees Kalahari Development LLC, KR Acquisitions, LLC (d/b/a Kalahari Resorts & Conventions), and Gerson Velasquez with prejudice, dismissed the appeal with prejudice, and denied as moot any other pending motions. Court costs are taxed against the party incurring them. No opinion was issued.
Issues Decided
- Whether the appeal and the underlying claims should be dismissed with prejudice by agreed motion of the parties.
- How court costs should be allocated when the parties request dismissal with prejudice.
Court's Reasoning
The parties jointly requested dismissal with prejudice and the appellate rules permit dismissal by agreed motion. The court therefore granted the motion, entered judgment dismissing the claims and the appeal with prejudice, dismissed other pending motions as moot, and taxed costs against the party incurring them under the applicable Texas Rules of Appellate Procedure.
Authorities Cited
- Texas Rules of Appellate ProcedureTex. R. App. P. 42.1(a)(2)(A), (c), (d)
Parties
- Appellant
- Eric Erdeljac
- Appellee
- Kalahari Development LLC
- Appellee
- KR Acquisitions, LLC d/b/a Kalahari Resorts & Conventions
- Appellee
- Gerson Velasquez
- Judge
- Maria Salas Mendoza, Chief Justice
Key Dates
- Decision date
- 2026-04-22
What You Should Do Next
- 1
Confirm cost allocation
Identify which party incurred the appellate costs so the clerk can properly tax those costs against that party as ordered.
- 2
Close related case files
Counsel for both sides should update their records and close files related to this appeal and the dismissed claims.
- 3
Advise client of finality
Appellant's counsel should inform the client that the dismissal with prejudice is final and discuss any remaining administrative matters or possible settlement obligations.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal and the plaintiff's claims against the defendants with prejudice and taxed costs to the party that incurred them.
- Who is affected by this decision?
- The appellant, Eric Erdeljac, and the appellees Kalahari Development LLC, KR Acquisitions, LLC (d/b/a Kalahari Resorts & Conventions), and Gerson Velasquez are directly affected because the claims were dismissed with prejudice.
- What does 'with prejudice' mean here?
- Dismissal with prejudice means the plaintiff's claims are finally resolved and cannot be refiled in this matter.
- Can this dismissal be appealed?
- Because the parties jointly moved for dismissal and the court granted it, there is typically no further appeal from an agreed dismissal, though counsel should consult on any unusual procedural grounds.
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
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
————————————
No. 08-25-00299-CV
————————————
Eric Erdeljac, Appellant
v.
Kalahari Development LLC; KR Acquisitions, LLC d/b/a Kalahari Resorts &
Conventions; and Gerson Velasquez, Appellees
On Appeal from the 425th Judicial District Court
Williamson County, Texas
Trial Court No. 23-2650-C425
M E MO RA N D UM O PI NI O N
The parties have filed an agreed motion requesting that we dismiss this appeal with
prejudice, that “Plaintiff’s claims against Defendants be in all things dismissed with prejudice to
the re-filing of same,” and that court costs be “taxed against the party incurring same.” Tex. R.
App. P. 42.1(a)(2)(A), (d). No opinion has issued. Tex. R. App. P. 42.1(c).
We grant the motion, render judgment dismissing Appellant’s claims against Appellees
with prejudice, and dismiss the appeal with prejudice. Tex. R. App. P. 42.1(a)(2)(A). We dismiss
any other pending motions as moot. Costs will be taxed against the party incurring the costs.
Tex. R. App. P. 42.1(a)(2)(A), (d).
MARIA SALAS MENDOZA, Chief Justice
April 22, 2026
Before Salas Mendoza, C.J., Palafox and Soto, JJ.
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