Unreported / Non-Citable
Background
Appellant filed a notice of appeal from an order of the 106th District Court of Gaines County concerning his motion to designate the reporter’s record under Texas Rule of Civil Procedure 145(i).
Appellant subsequently moved to dismiss the appeal. He explained that he intended to seek reconsideration of the order in the trial court and requested dismissal under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The Texas Eleventh Court of Appeals granted appellant’s motion and dismissed the appeal.
The memorandum opinion did not address the merits of the trial court’s order or determine whether appellant was entitled to the requested reporter’s record.
Key Takeaways
- An appellant may request voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appeal was dismissed so appellant could pursue reconsideration in the trial court.
- The appellate court issued no merits ruling on the reporter’s-record dispute.
Why It Matters
The decision is a procedural disposition rather than a substantive ruling. It leaves the underlying reporter’s-record issue for possible reconsideration by the trial court without establishing appellate precedent on that issue.