The Texas Court of Appeals has dismissed an appeal involving Bilmar Homes, LLC, and Michael Allen McCarty after the parties reached a settlement agreement. This decision, issued on October 2, 2026, marks a significant resolution to the legal disputes that had arisen between the parties.
The case, filed under docket number 01-26-00825-CV, initially stemmed from a temporary injunction order issued by the 56th District Court in Galveston County on July 31, 2026. The appeal was brought forth by Bilmar Homes, LLC, along with its members David Mark Pittman, Jr. and Michael Aaron Barbour, who sought to contest the trial court's decision.
In the interim, the parties filed a Joint Motion to Dismiss Appeal on August 27, 2026, indicating that they had entered into a settlement agreement that resolved all claims and disputes between them. This agreement stipulated that each party would bear its own costs and attorney's fees, thereby avoiding further litigation expenses.
Background
BILMAR HOMES, LLC, is a limited liability company involved in the construction and development of residential properties. David Mark Pittman, Jr. and Michael Aaron Barbour serve as individual members and managers of the company. Michael Allen McCarty is the appellee in this case, and the nature of the dispute involved a temporary injunction that the trial court had granted.
The dispute reached the appellate court after Bilmar Homes and its members sought to challenge the trial court's temporary injunction order. The details of the injunction and the underlying claims were not fully disclosed in the court filing, but the appeal indicated that the appellants believed the trial court's decision was erroneous.
The case progressed through the legal system, ultimately leading to the filing of the appeal. However, before the court could issue a formal opinion on the matter, the involved parties reached a resolution.
The Ruling
The court ruled to grant the parties' joint motion and dismissed the appeal. In its decision, the court stated, "We grant the parties’ joint motion and dismiss the appeal." The ruling was made by a panel consisting of Justices Guerra, Gunn, and Morgan.
This dismissal also included all pending motions, including a motion for a stay of the temporary injunction, which the court deemed moot. The court's ruling effectively concluded the appellate proceedings in this case.
Impact
The dismissal of this appeal signifies that the parties have successfully resolved their disputes outside of court, which is a common outcome in many legal cases. By reaching a settlement, both Bilmar Homes and Michael McCarty can avoid the uncertainties and expenses that often accompany prolonged litigation.
This case highlights the importance of negotiation and settlement in the legal process, allowing parties to find mutually agreeable solutions. The resolution also indicates that the trial court's temporary injunction will no longer be in effect, as the parties have settled their differences.
What's Next
Since the appeal has been dismissed, there are no further actions pending in this case unless new disputes arise. The parties have settled their claims, and the court has closed this matter. Details regarding the specific terms of the settlement were not available in the court filing.