Unreported / Non-Citable
Background
Goodleap LLC filed a notice of interlocutory appeal challenging a June 9, 2026 order entered by Harris County Civil Court at Law No. 4.
Goodleap later moved to dismiss the appeal voluntarily, stating that it no longer wished to pursue it. No other party had filed a notice of appeal, and the appellate court had not issued an opinion.
The Court’s Holding
The Texas First Court of Appeals granted Goodleap’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). It also dismissed all other pending motions as moot.
The court denied Goodleap’s request for a finding that each party would bear its own appellate costs. It explained that, absent an agreement between the parties, Rule 42.1(d) requires costs to be taxed against the appellant.
Key Takeaways
- An appellant may obtain voluntary dismissal of its appeal before an opinion issues when no other party has filed a notice of appeal.
- Dismissal of the appeal rendered the remaining pending motions moot.
- Without an agreement between the parties, appellate costs are taxed against the appellant following voluntary dismissal.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas interlocutory appeal. It also highlights that an appellant cannot obtain a departure from the default allocation of appellate costs merely by requesting that each side bear its own expenses; an agreement between the parties is required.