Bilmar Homes, LLC, David Mark Pittman, Jr., Individually and as manager/member, and Michael Aaron Barbour, Individually and as manager/member v. Michael Allen McCarty
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledOctober 2, 2026
Docket01-26-00825-CV
StatusPublished
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Full Opinion
Opinion issued October 2, 2026
In The
Court of Appeals
For The
First District of Texas
โโโโโโโโโโโโ
NO. 01-26-00825-CV
โโโโโโโโโโโ
BILMAR HOMES, LLC, DAVID MARK PITTMAN, JR., INDIVIDUALLY
AND AS MANAGER/MEMBER, AND MICHAEL AARON BARBOUR,
INDIVIDUALLY AND AS MANAGER/MEMBER, Appellants
V.
MICHAEL ALLEN MCCARTY, Appellee
On Appeal from the 56th District Court
Galveston County, Texas
Trial Court Case No. 26-CV-0910
MEMORANDUM OPINION
Appellants Bilmar Homes, LLC, David Mark Pittman, Jr., individually and as
manager/member, and Michael Aaron Barbour, individually and as
manager/member filed a notice of interlocutory appeal from the trial courtโs July 31,
2026 Temporary Injunction Order. On August 27, 2026, the parties filed a Joint
Motion to Dismiss Appeal stating that they โhave entered into a settlement
agreement that fully and finally resolves all claims and disputes among themโ and
requesting that we โdismiss this appeal.โ See TEX. R. APP. P. 42.1(a)(1). The parties
assert that they have โagreed that each party will bear its own costs and attorney[โ]s[]
fees.โ See TEX. R. APP. P. 42.1(d). No other party has filed a notice of appeal, and
no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).
We grant the partiesโ joint motion and dismiss the appeal. See TEX. R. APP. P.
42.1(a)(1), 43.2(f). All pending motions, including the motion for a stay of the
temporary injunction, are dismissed as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
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