Gallagher v. River Oaks Health and Rehabilitation Center — court granted Gallagher’s motion to dismiss his appeal

Unreported / Non-Citable

Background

Kyle Gallagher appealed from a case in the 153rd District Court of Tarrant County involving River Oaks Health and Rehabilitation Center and ten individual appellees. The underlying trial-court matter was docketed as No. 153-304612-18.

During the appeal, Gallagher filed an “Appellant’s Motion to Dismiss Appeal.” The appellate court therefore addressed only whether to terminate the appeal at his request.

The Court’s Holding

The Second Court of Appeals granted Gallagher’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The court did not reach the merits of the underlying dispute.

The court also ordered the appellant to pay all costs of the appeal under Texas Rules of Appellate Procedure 42.1(d) and 43.4.

Key Takeaways

• An appellant may move to dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
• The court dismissed the appeal without deciding any issue concerning the underlying litigation.
• The appellant was ordered to pay all appellate costs.

Why It Matters

The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas appeal. Once the court granted Gallagher’s motion, the appeal concluded without an appellate ruling on the merits.