Unreported / Non-Citable
Background
Jermaine Leday appealed from a proceeding in Harris County Civil Court at Law No. 4 involving Carmax Auto Superstores Inc. The underlying trial court case was No. 1219649.
While the appeal was pending, Leday moved to dismiss it. His certificate of conference stated that Carmax agreed to the dismissal.
The Court’s Holding
The Texas First Court of Appeals granted Leday’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed any other pending motions as moot. The memorandum opinion did not address the merits of the parties’ underlying dispute.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas appellate procedure.
- Carmax agreed to Leday’s requested dismissal.
- The dismissal ended the appeal without a merits ruling and rendered all other pending motions moot.
Why It Matters
The decision illustrates the procedural disposition of an appeal when the appellant requests dismissal and the appellee agrees. Because the court did not reach the merits, the opinion establishes no substantive ruling concerning the underlying dispute.