U.S. Sand & Gravel LLC, Raitz Enterprises, Inc., and Raitz Investment Group LLC v. Texas Department of Transportation

Motion Granted; Reversed and Remanded and Memorandum Opinion filed
October 1, 2025

In The
Fifteenth Court of Appeals
NO. 15-25-00091-CV

U.S. SAND & GRAVEL LLC, RAITZ ENTERPRISES, INC., AND RAITZ
INVESTMENT GROUP
LLC, Appellants

V.
TEXAS DEPARTMENT OF TRANSPORTATION, Appellee
On Appeal from the 459th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-24-004334

MEMORANDUM OPINION
This is an appeal of a default judgment in favor of appellee signed February
12, 2025. On September 16, 2025, the parties filed a joint motion stating that they
have reached an agreement to settle their dispute. They ask this Court to set aside
the trial court’s judgment without regard to the merits, render judgment effectuating
their agreement, and dismiss the appeal.1 Because the settlement agreement includes
an agreed injunction, we conclude it is more appropriate for the trial court to render
judgment.2 We therefore construe the parties’ motion as one to reverse without
regard to the merits and remand for rendition of judgment in accordance with their
agreement.3
We grant the motion, reverse the trial court’s judgment without regard to the
merits, and remand for rendition of judgment in accordance with the parties’
settlement agreement.

PER CURIAM

Before Chief Justice Brister and Justices Field and Farris.

1
TEX. R. APP. P. 42.1(a)(2)(A).
2
Cf. In re Geomet Recycling LLC, 578 S.W.3d 82, 90 (Tex. 2019) (“[O]riginal jurisdiction
to issue injunctive relief generally lies with the trial courts.”).
3
TEX. R. APP. P. 42.1(a)(2)(B).

2