Unreported / Non-Citable
Background
Jane Doe appealed from a proceeding in the 53rd District Court of Travis County, Texas, against Stratus Properties, Inc. The appellate court’s memorandum opinion does not describe the underlying claims, the trial court’s ruling, or the issues raised on appeal.
Before the appellate court issued an opinion on the merits, the parties reached a settlement and filed a joint motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1). All parties signed the motion, indicating their agreement.
The Court’s Holding
The Texas Eighth Court of Appeals granted the parties’ joint motion and dismissed the appeal under Rule 42.1(a)(1). The court did not address the merits of the underlying dispute.
Under Rule 42.1(d), the court taxed costs against the party incurring them. Because no opinion had previously issued, there was no opinion to withdraw under Rule 42.1(c).
Key Takeaways
- A settlement may support an agreed dismissal of a Texas civil appeal under Rule 42.1(a)(1).
- The court dismissed the appeal without deciding any substantive issue.
- Each party remains responsible for the costs it incurred.
Why It Matters
The disposition illustrates the procedural result when parties settle while a Texas civil appeal is pending and jointly request dismissal before an appellate opinion issues.
Because the court reached no merits question and provided no account of the underlying dispute, the decision establishes no substantive holding beyond the dismissal and allocation of costs.