Unreported / Non-Citable
Background
Reece Michael Jacobs appealed from a proceeding involving Jennifer Lynette Howse in the 362nd District Court of Denton County, Texas. The trial-court case number was 2013-40293-362.
During the appeal, Jacobs filed an unopposed motion to withdraw the appeal. The memorandum opinion does not describe the underlying dispute or identify the ruling that Jacobs had appealed.
The Court’s Holding
The Texas Second Court of Appeals granted Jacobs’s unopposed motion to withdraw the appeal and dismissed the appeal.
The court relied on Texas Rules of Appellate Procedure 42.1(a)(1), which permits dismissal on the appellant’s motion, and 43.2(f), which authorizes an appellate court to dismiss an appeal. The court did not reach the merits of the underlying dispute.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court granted Jacobs’s unopposed withdrawal motion and dismissed the appeal.
- The memorandum opinion contains no decision on the merits of the parties’ underlying dispute.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas civil appeal at the appellant’s request. Because the appeal was dismissed without a merits ruling, the opinion establishes no substantive holding concerning the underlying litigation.