Mitternight Boiler Works Inc v Heat Transfer Tubular Products LLC - Appeal Dismissed
Summary
The Texas Court of Appeals, 9th District (Beaumont) dismissed an interlocutory appeal filed by Mitternight Boiler Works, Inc. against Heat Transfer Tubular Products, LLC. The appellant filed a motion to dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), which the court granted. The case originated from the 457th District Court in Montgomery County, Texas under Trial Cause No. 25-08-14046. All other pending motions were denied as moot. The opinion was submitted on April 22, 2026 and delivered on April 23, 2026.
“Mitternight Boiler Works, Inc., Appellant, filed a motion to dismiss this appeal.”
About this source
The Texas Courts of Appeals are intermediate appellate courts that hear every appeal from Texas district and county courts before cases reach the Texas Supreme Court or Court of Criminal Appeals. Together they publish around 290 opinions a month across civil, criminal, family, probate, and administrative cases. Texas's economy and legal volume mean the courts generate significant precedent on energy, oil and gas, commercial real estate, employment, and family law that affects multistate clients. GovPing tracks every published opinion via CourtListener's mirror, with case name, parties, court division, and outcome. Watch this if you litigate in Texas, advise on energy or land disputes, or track how Texas courts treat federal questions in commercial cases.
What changed
The court granted the appellant's motion to dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), which permits dismissal when an appellant files a motion before the appellate court issues a decision. The court explicitly stated it dismissed the appeal and denied all other pending motions as moot. This is a procedural dismissal at the appellant's request and does not constitute a ruling on the merits of the underlying dispute. The affected parties are Mitternight Boiler Works, Inc. and Heat Transfer Tubular Products, LLC. Either party may pursue further litigation in the trial court or refile an appeal if procedural grounds permit. This dismissal does not preclude future appeals on the same underlying matter.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Mitternight Boiler Works, Inc. v. Heat Transfer Tubular Products, LLC
Texas Court of Appeals, 9th District (Beaumont)
- Citations: None known
- Docket Number: 09-26-00105-CV
- Nature of Suit: Interlocutory
Disposition: Dismissed
Disposition
Dismissed
Lead Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-26-00105-CV
MITTERNIGHT BOILER WORKS, INC., Appellant
V.
HEAT TRANSFER TUBULAR PRODUCTS, LLC, Appellee
On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 25-08-14046
MEMORANDUM OPINION
Mitternight Boiler Works, Inc., Appellant, filed a motion to dismiss this
appeal. See Tex. R. App. P. 42.1(a)(1). Appellant filed the motion before the
appellate court issued a decision in the appeal. We grant the motion and dismiss the
appeal. See id. 43.2(f). All other pending motions are denied as moot.
APPEAL DISMISSED.
PER CURIAM
Submitted on April 22, 2026
Opinion Delivered April 23, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
1
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