Unreported / Non-Citable
Background
Ryan A. Livingston appealed from a proceeding in the 457th District Court of Montgomery County, Texas, involving the City of Splendora. The appeal was designated as accelerated.
Before the appellate court issued a decision, Livingston filed an unopposed motion to dismiss the appeal. The City of Splendora joined in the motion.
The Court’s Holding
The Texas Ninth Court of Appeals granted the unopposed motion and dismissed the accelerated appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The memorandum opinion was issued per curiam and did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may seek voluntary dismissal before the appellate court issues its decision.
- The City of Splendora joined Livingston’s motion, leaving it unopposed.
- The court dismissed the accelerated appeal without deciding the merits.
Why It Matters
The decision illustrates the procedural mechanism for ending a Texas appeal voluntarily before an appellate ruling. Because the court reached no merits issues, the opinion establishes no substantive rule concerning the parties’ underlying dispute.