Unreported / Non-Citable
Background
The trial court terminated the appellant father’s parental rights to his child on May 28, 2026. He timely filed a notice of appeal, and the trial court appointed appellate counsel. After counsel failed to file a brief by the original deadline or by a court-ordered extended deadline, the Fourth Court of Appeals abated the appeal and remanded for a hearing addressing whether the father wanted to pursue the appeal and whether counsel had abandoned it.
At the hearing, the father and his appointed counsel appeared in person. Testifying under oath, the father said he did not wish to continue the appeal and would not pursue it even with different counsel. After the trial court warned that dismissal likely would prevent him from reviving the appeal, he confirmed that he understood and that his decision was final. The trial court found that his decision was knowing and concluded that he did not want to pursue the appeal.
The Court’s Holding
The Fourth Court reinstated and dismissed the appeal in accordance with the father’s stated wishes. Although Texas Rule of Appellate Procedure 42.1(a)(1) ordinarily contemplates a motion for voluntary dismissal—and no such motion had been filed—the record conclusively established through the father’s sworn testimony and the trial court’s findings that he wanted the appeal dismissed.
Invoking Texas Rule of Appellate Procedure 2, the court suspended the written-motion requirement to expedite resolution. It noted that no appellate decision had issued and that dismissal would not prevent another party from seeking relief to which that party otherwise would be entitled.
Key Takeaways
- A Texas civil appellate court may suspend the written-motion requirement for voluntary dismissal when the record reliably establishes the appellant’s knowing desire to abandon the appeal.
- The father’s sworn, in-court statement—confirmed after warnings about dismissal’s consequences—provided sufficient evidence of his final decision.
- The court dismissed the parental-rights appeal without reaching the merits of the termination order.
Why It Matters
The opinion shows how a Texas appellate court may resolve an abandoned civil appeal when the appellant unequivocally requests dismissal on the record but does not submit a formal written motion. In parental-rights cases, where appellate deadlines and finality carry particular significance, a trial-court hearing can create the record necessary to establish that an appellant’s decision is informed and voluntary.