Unreported / Non-Citable
Background
Harris County, Texas appealed from a case in the 129th District Court of Harris County involving appellee Hector Cohen Gamero. The appellate opinion does not describe the underlying dispute or the trial court’s ruling.
While the appeal was pending, Harris County moved to dismiss it. The motion’s certificate of conference stated that Gamero agreed to the dismissal.
The Court’s Holding
The First Court of Appeals granted Harris County’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed all other pending motions as moot. The memorandum opinion was issued per curiam by a panel consisting of Justices Guerra, Gunn, and Morgan.
Key Takeaways
- An appellant may move to dismiss its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appellee agreed to Harris County’s requested dismissal.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The decision is a straightforward application of Texas appellate rules governing voluntary dismissal. Because the court ended the appeal without addressing its merits, the opinion establishes no substantive holding concerning the parties’ underlying dispute.