Buc-Ee's, Ltd. v. Head Country, LLC

ACCEPTED 15-25-00146-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/5/2025 5:49 PM No. 15-25-00146-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH DISTRICT OF TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 11/5/2025 5:49:03 PM CHRISTOPHER A. PRINE BUC-EE’S, LTD., Clerk Appellant, v. HEAD COUNTRY, LLC, Appellee.

Interlocutory Appeal from the Business Court of the State of Texas Eleventh Division; Trial Court Cause No. 25-B11A-0028 MOTION TO DISMISS INTERLOCUTORY APPEAL TO THE HONORABLE COURT OF APPEALS: Pursuant to TEX. R. APP. P. 42.1(a)(1), Appellant Buc-ee’s, Ltd. moves to dismiss this interlocutory appeal.

1. Appellant filed its Notice of Interlocutory Appeal seeking review of the trial court’s order denying its request for a temporary injunction. Its brief would be due today, November 5, 2025.

2. Appellant has amended its Petition and no longer desires to appeal from the trial court’s prior order. Accordingly, Appellant asks this Court to dismiss the interlocutory appeal.

3. Appellee has not sought relief, so dismissal would not prevent Appellee from seeking relief to which it would otherwise be entitled. See TEX. R. APP. P. 42.1(a)(1).

4. This Court has not issued any opinion. See TEX. R. APP. P. 42.1(c).

5. Appellant incurred the only costs associated with this interlocutory appeal. See Tex. R. App. P. 42.1(d).

For these reasons, Appellant respectfully asks this Court to dismiss this interlocutory appeal.

November 5, 2025 Respectfully submitted, BUC-EE’S, LTD. BECK REDDEN LLP Jason Fulton /s/ Chris Dove State Bar No. 24040936 Chris Dove [email protected] State Bar No. 24032138 Jeff Nadalo [email protected] State Bar No. 24041559 Geoff A. Gannaway [email protected] State Bar No. 24036617 11200 Broadway, Suite 2332 [email protected] Pearland, TX 77584 Joel T. Towner (346) 320-0179 State Bar No. 24083978 [email protected] Fariha Jawed State Bar No. 24125292 [email protected] 1221 McKinney Street, Suite 4500 Houston, TX 77010 (713) 951-3700 (713) 951-3720 – Fax ATTORNEYS FOR APPELLANT BUC-EE’S, LTD.

CERTIFICATE OF CONFERENCE On November 5, 2025, counsel for Appellant emailed counsel for Appellee to inquire whether Appellee will oppose this motion. As of the close of business, Appellee has not yet responded.

Appellant presumes that Appellee will not oppose, because Rule 42.1(a)(1) allows an appellant to dismiss its own appeal without the consent of the appellee.

However, Appellant will promptly update this Court if Appellee responds that it intends to oppose the motion.

/s/ Chris Dove Chris Dove

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Laura Crain on behalf of Chris Dove Bar No. 24032138 [email protected] Envelope ID: 107720371 Filing Code Description: Motion Filing Description: Motion to Dismiss Interlocutory Appeal Status as of 11/6/2025 7:02 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Joel T.Towner [email protected] 11/5/2025 5:49:03 PM SENT Geoff Gannaway [email protected] 11/5/2025 5:49:03 PM SENT Jason Fulton 24040936 [email protected] 11/5/2025 5:49:03 PM SENT LeElle Slifer 24074549 [email protected] 11/5/2025 5:49:03 PM SENT Madison Haueisen 24115369 [email protected] 11/5/2025 5:49:03 PM SENT Jervonne Newsome 24094869 [email protected] 11/5/2025 5:49:03 PM SENT Chris Dove [email protected] 11/5/2025 5:49:03 PM SENT Fariha Jawed [email protected] 11/5/2025 5:49:03 PM SENT Denise Cherry, CP [email protected] 11/5/2025 5:49:03 PM SENT