Unreported / Non-Citable
Background
This probate matter involved Tina Naumann (appellant/cross-appellee) and Dustin Walleck (appellee/cross-appellant) in a dispute over the estate of Gordon Ray Walleck. The trial court in Karnes County issued a judgment that prompted both parties to pursue cross-appeals with the Fourth Court of Appeals.
On April 27, 2026, the appellate court abated the proceeding to allow the parties an opportunity to negotiate and attempt settlement of their dispute.
The Court’s Holding
On June 30, 2026, Naumann and Walleck filed a joint motion to dismiss the appeal, representing that they had reached a settlement agreement resolving their dispute. The court granted the motion and dismissed the appeal pursuant to Texas Rule of Appellate Procedure 42.1(a), lifting its prior abatement order.
The court taxed the costs of the appeal against appellant Naumann pursuant to Rule 42.1(d), as the parties’ joint motion contained no agreement to allocate costs otherwise.
Key Takeaways
- Settlement agreements during appeal disposition may be memorialized by joint motion to dismiss
- Appellate courts may abate proceedings to facilitate settlement negotiations
- Costs of appeal are generally taxed to the appellant absent contrary agreement by the parties
Why It Matters
This decision reflects standard appellate procedure when parties reach settlement during pending litigation. Rather than expend resources on full appellate adjudication, the parties negotiated a resolution—a common outcome in estate disputes where pragmatic settlement often serves the parties’ interests better than prolonged litigation.