Unreported / Non-Citable
Background
Bexar Appraisal District appealed from a proceeding in the 73rd Judicial District Court of Bexar County involving Shri Kuber, Inc., doing business as Candlewood Suites.
On June 30, 2026, the appraisal district moved to voluntarily dismiss its appeal. The motion included a certificate showing service on Shri Kuber, which did not oppose dismissal.
The Court’s Holding
The Texas Fourth Court of Appeals granted the appraisal district’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
Because the motion did not indicate that the parties had agreed to a different allocation of appellate costs, the court taxed those costs against the appraisal district under Rule 42.1(d).
Key Takeaways
- An appellant may move to voluntarily dismiss its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appellee did not oppose the appraisal district’s dismissal request.
- Absent an agreement providing otherwise, appellate costs were taxed against the appellant.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas appeal. It also underscores that an appellant seeking dismissal ordinarily bears appellate costs unless the parties agree otherwise.