Unreported / Non-Citable
Background
Adrienne Vineyard, Alexander Powell, Jason Powell, and Eric Niedermayer, individually and as heirs to Gale Niedermayer, appealed from a case in the 96th District Court of Tarrant County, Texas, against Moneeb Ehtesham, MD.
During the appeal, the appellants filed a motion asking the Second Court of Appeals to dismiss the proceeding. The court resolved the motion through a per curiam memorandum opinion and judgment.
The Court’s Holding
The court granted the appellants’ motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered the appellants to pay all costs of the appeal under Texas Rules of Appellate Procedure 42.1(d) and 43.4. The opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The Second Court of Appeals dismissed this appeal without reaching its merits.
- The appellants were assessed all appellate costs.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas appeal at the appellants’ request. Because the court issued no merits ruling, the opinion establishes no substantive holding concerning the parties’ underlying claims.