The Fontana Evolution, LLC and Bo Fontana v. Bay Mountain Fund I LLC
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledAugust 13, 2026
Docket02-25-00608-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00608-CV
___________________________
THE FONTANA EVOLUTION, LLC AND BO FONTANA, Appellants
V.
BAY MOUNTAIN FUND I LLC, Appellee
On Appeal from County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2024-007883-1
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
Appellants The Fontana Evolution, LLC and Bo Fontana filed this appeal to
challenge their eviction from certain real property owned by Appellee Bay Mountain
Fund I LLC. But the parties have since notified the court of “a full and final
settlement of all claims in this case,” and they have filed a joint motion to dismiss the
appeal under Rule of Appellate Procedure 42.1(a)(2). See Tex. R. App. P. 42.1(a)(2)
(authorizing disposition of a civil appeal based on an agreement of the parties).
The joint motion—which is signed by all parties’ counsel—asks us to effectuate
the terms of the parties’ agreement by “dismissing this appeal . . . and tax[ing] costs to
the party incurring them.” See Tex. R. App. P. 42.1(a)(2)(A) (authorizing appellate
court to dismiss a civil appeal “[i]n accordance with an agreement signed by the
parties or their attorneys” and to “render judgment effectuating the parties’
agreement”).
We grant the motion, dismiss the appeal, and tax the costs of the appeal to the
party incurring them.. See Tex. R. App. P. 42.1(a)(2), (d), 43.2(f), 43.4.
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Delivered: August 13, 2026
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