Radial Power Asset, LLC v. UNIRAC,Inc
Docket 01-25-00896-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Vacated
- Docket
- 01-25-00896-CV
Appeal from the 234th District Court of Harris County seeking review of a civil judgment, dismissed after settlement rendered the appeal moot.
Summary
The First District of Texas granted Radial Power Asset, LLC’s unopposed motion to dismiss its appeal after the parties settled all disputes and the settlement was finalized. Because the appeal became moot and the appellee did not oppose dismissal, the court vacated the trial court’s judgment, dismissed the appeal, and denied as moot any other pending motions. The court relied on precedent and the appellate rules that require vacatur and dismissal when a case becomes moot.
Issues Decided
- Whether an appeal becomes moot when the parties settle all claims and the settlement is finalized
- Whether the appellate court should vacate the trial court’s judgment and dismiss the appeal when the case is moot
Court's Reasoning
The court accepted the parties' representation that settlement finalized all disputed issues, making the appeal moot. Under Texas precedent and appellate rules, when a case becomes moot the appellate court must vacate prior orders or judgments and dismiss for lack of jurisdiction. Because appellee did not oppose dismissal, vacatur and dismissal were appropriate and required.
Authorities Cited
- Heckman v. Williamson County369 S.W.3d 137 (Tex. 2012)
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a), 43.2(e)
- Alsobrook v. MTGLQ Investors, L.P.656 S.W.3d 394 (Tex. 2022)
Parties
- Appellant
- Radial Power Asset, LLC
- Appellee
- Unirac, Inc.
- Judge
- Chief Justice Adams
- Judge
- Justice Guerra
- Judge
- Justice Guiney
Key Dates
- Opinion issued
- 2026-04-09
- Response deadline to court notice
- 2026-03-16
What You Should Do Next
- 1
Implement the settlement
Both parties should follow the terms of their settlement agreement, including any payments, dismissals, or performance obligations specified there.
- 2
File a dismissal notice in trial court if required
If the settlement requires filing dismissal papers in the trial court or entry of agreed orders, counsel should confirm those filings are completed to ensure the case is fully closed.
- 3
Retain settlement records
Each party should keep copies of the settlement agreement and the appellate dismissal for their records and to address any future enforcement or compliance issues.
Frequently Asked Questions
- What does this decision mean?
- The appellate court dismissed the appeal because the parties settled the dispute, and it vacated the trial court’s judgment. The case is effectively ended at the appellate level.
- Who is affected by this ruling?
- The parties to the lawsuit, Radial Power Asset, LLC and Unirac, Inc., are affected because their dispute has been resolved by settlement and the previous judgment is vacated.
- What happens to the trial court judgment?
- The appellate court vacated the trial court’s judgment, which removes the judgment’s legal effect as part of dismissing the now-moot appeal.
- Can this decision be appealed further?
- Because the court dismissed the appeal as moot and vacated the judgment, there is generally no further appellate relief; a party could only seek extraordinary relief in rare circumstances, but ordinary appeal remedies are not available.
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
Opinion issued April 9, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00896-CV
———————————
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