American Rock Resources, LLC v. Argos USA LLC, Compas Marine USA, LLC, Omar Ramirez, and Markus Chapman

CourtListener 10733848Txctapp16 nov 2025

Testo completo

Opinion issued November 6, 2025

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-25-00318-CV
———————————
AMERICAN ROCK RESOURCES, LLC,
Appellant/Cross-Appellee
V.
ARGOS USA LLC AND COMPAS MARINE USA, LLC,
Appellees/Cross-Appellants

On Appeal from the 157th District Court
Harris County, Texas
Trial Court Case No. 2022-44045

MEMORANDUM OPINION

Appellant/Cross-Appellee, American Rock Resources, LLC, filed a notice of

appeal from the trial court’s April 2, 2025 final judgment.
Appellees/cross-appellants, Argos USA LLC and Compas Marine USA, LLC, also

filed a notice of appeal from the trial court’s April 2, 2025 final judgment.

On September 25, 2025, the Court abated this appeal and referred the parties

to mediation. On October 27, 2025, the parties filed a “Notice of Settlement and

Joint Motion to Dismiss the Appeals with Prejudice.” In the motion, the parties

stated that they “entered into a Settlement and Release Agreement,” which resolved

“all currently known and unknown claims and matters in controversy between the

[p]arties.” The motion therefore requested that the “Court dismiss the [a]ppeals to

effectuate the [p]arties’ agreement.” The motion further stated that “[c]osts on

appeal should be taxed against the party incurring same.” See TEX. R. APP. P.

42.1(d).

We construe the motion as a request to “set aside the trial court’s judgment

without regard to the merits and remand the case to the trial court for rendition of

judgment in accordance with the agreement.” See TEX. R. APP. P. 42.1(a)(2)(B).

No other party has filed a notice of appeal, and no opinion has issued. See

TEX R. APP. P. 42.1(a)(2), (c). The motion was filed jointly and is signed by counsel

for all parties. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, we grant the parties’ joint motion, reinstate this appeal to the

Court’s active docket, set aside the trial court’s judgment without regard to the

merits, and remand the cause to the trial court for rendition of judgment in

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accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B). We

further direct the Clerk of this Court that costs are to be taxed against the party

incurring the same. See TEX. R. APP. P. 42.1(d). We dismiss all other pending

motions as moot.

PER CURIAM
Panel consists of Justices Guerra, Guiney, and Johnson.

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