Robert a Briggs, Jr. and Limiao Wang, B & W Cl, LLC, B & W C2, LLC, B & W C3, LLC, B & W C4, LLC, B & W CS, LLC, B & W C6, LLC, B & W C7, LLC, and B & W C8, LLC v. John M. Brasher and BSB Venture, LLC
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 31, 2026
Docket01-25-00971-CV
StatusPublished
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Full Opinion
Opinion issued August 31, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00971-CV
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ROBERT A. BRIGGS, JR.,LIMIAO WANG, B & W C1, LLC, B & W C2,
LLC, B & W C3, LLC, B & W C4, LLC, B & W C5, LLC, B & W C6, LLC, B
& W C7, LLC, AND B & W C8, LLC, Appellants
V.
JOHN M. BRASHER, BSB VENTURE, LLC, GOLDFIELDS
ENTERPRISES, INC., AND HP VENTURES, LTD. D/B/A GULF STATES
DRY CLEANING, Appellees
On Appeal from the 127th District Court
Harris County, Texas
Trial Court Case No. 2021-60327
MEMORANDUM OPINION
The trial court entered final judgment holding appellants Robert A. Briggs
Jr., Limiao Wang, B & W-C1, LLC, B & W-C2, LLC, B & W-C3, LLC, B & W-
C4, LLC, B & W-C5, LLC, B & W-C6, LLC, B & W-C7, LLC, and B & W-C8,
LLC (collectively, the “Briggs Parties”) liable to appellees John M. Brasher and
BSB Venture, LLC (collectively, the “Brasher Parties”) and liable to appellees
Goldfields Enterprises, Inc. and HP Ventures, Ltd. doing business as Gulf States
Dry Cleaning (collectively, the “Goldfields Parties”).
After abatement for settlement, the Briggs and Goldfields Parties settled and
jointly moved to vacate the judgment as to the Goldfields Parties and dismiss that
portion of the appeal. See TEX. R. APP. P. 42.1(b). The Briggs and Brasher Parties
later settled the remaining claims and jointly moved to vacate the judgment as to the
Brasher Parties and dismiss the case. See TEX. R. APP. P. 43.2(e). All parties agreed
to bear their own fees and costs. No claims remain and so the case is moot.
The Texas Supreme Court precedent requires this Court to vacate the trial
court’s judgment and dismiss the lawsuit when a case becomes moot. See Alsobrook
v. MTGLQ Invs., LP, 656 S.W.3d 394, 395 (Tex. 2022) (“We have long held that
‘when a case becomes moot on appeal, all previous orders are [to be] set aside by
the appellate court and the case ... dismissed.’”) (quoting Tex. Foundries, Inc. v. Int’l
Moulders & Foundry Workers’ Union, 151 Tex. 239, 248 S.W.2d 460, 461 (1952)).
“This is necessary because simply dismissing the appeal ‘would have the effect of
affirming the judgment of the lower court without considering any assignments of
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error thereto.’” See id. (quoting Tex. Foundries, 248 S.W.2d at 461). We invited
supplemental briefing on proper disposition. The parties filed none.
Accordingly, the Court reinstates the case, vacates the trial court’s judgment,
and dismisses the case, with each side to bear its own attorney’s fees and costs on
appeal. See id.; TEX. R. APP. P. 42.3(a), 43.2(e). All other motions are dismissed as
moot.
PER CURIAM.
Panel consists of Justices Guerra, Gunn, and Morgan.
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