Unreported / Non-Citable
Background
Peer Steffensen and Hanne Steffensen appealed from a proceeding in the 477th District Court of Denton County, Texas, involving Steven Jeraci and Andrea Jeraci.
While the appeal was pending, the Steffensens filed a motion asking the court of appeals to dismiss it. The memorandum opinion does not describe the underlying dispute or the reasons for the requested dismissal.
The Court’s Holding
The Texas Second Court of Appeals granted the appellants’ motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered the appellants to pay all costs of the appeal under Rules 42.1(d) and 43.4. The court issued the decision through a per curiam memorandum opinion.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal.
- The court granted the Steffensens’ dismissal request without addressing the merits of the underlying dispute.
- The appellants were assessed all appellate costs.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas appeal and confirms that appellate costs may be charged to the appellants when dismissal occurs at their request. Because the court did not reach the merits, the opinion establishes no substantive ruling on the parties’ underlying dispute.