North Central Texas Council of Governments v. County of Denton — Appeal dismissed for lack of jurisdiction

Unreported / Non-Citable

Case: North Central Texas Council of Governments, Victoria Johnson, in Her Official Capacity, Jennifer Justice, in Her Official Capacity, Brandon Huckabee, in His Official Capacity, Chris Hill, in His Official Capacity, Clay Jenkins, in His Official Capacity, Tim O’Hare, in His Official Capacity, Darrell Hale, in His Official Capacity, Cara Mendelsohn, in Her Official Capacity, Carlos Flores, in His Official Capacity, Bowie Hogg, in His Official Capacity, Christopher Boedeker, in His Official Capacity, David Bristol, in His Official Capacity, T.J. Gilmore, in His Official Capacity, Rick Horne, in His Official Capacity, and Gary Hulsey, in His Official Capacity v. County of Denton, Texas and Regional Transportation Council
Court: Court of Appeals, Second Appellate District of Texas at Fort Worth
Judge: Womack; Wallach; Walker
Date Decided: September 3, 2026
Docket No.: 02-26-00338-CV
Topics: Appellate Jurisdiction; Dismissal; Civil Procedure
Source: Read the full opinion

Background

The North Central Texas Council of Governments and the other appellants appealed from a proceeding in the 141st District Court of Tarrant County, Texas, trial court number 141-377160-26. The appellees were the County of Denton, Texas and the Regional Transportation Council.

The North Central Texas Council of Governments and both appellees jointly moved to dismiss the appeal for lack of jurisdiction. The memorandum opinion provides no further facts about the underlying dispute or the jurisdictional defect.

The Court’s Holding

The Second Court of Appeals granted the joint motion and dismissed the appeal for want of jurisdiction.

The court cited Texas Rules of Appellate Procedure 42.3(a), which permits dismissal for want of jurisdiction, and 43.2(f), which authorizes an appellate court to dismiss an appeal.

Key Takeaways

The court dismissed the appeal for want of jurisdiction.
The dismissal followed a joint motion filed by the North Central Texas Council of Governments and the appellees.
The opinion did not address the merits of the underlying dispute.

Why It Matters

The decision illustrates that an appellate court must dismiss an appeal when it lacks jurisdiction, even when the parties jointly request that result. Because the memorandum opinion does not explain the jurisdictional defect or reach the merits, its significance is limited to the appeal’s procedural disposition.

Background

The Court’s Holding

Key Takeaways

Why It Matters

Leave a Comment Cancel Reply