Unreported / Non-Citable
Background
Applied Energy Company I, LLC appealed from a proceeding against ProFrac Manufacturing, LLC in the 43rd District Court of Parker County, Texas. The underlying trial-court case was docketed as No. CV24-0876.
Applied Energy subsequently filed an unopposed motion asking the Second Court of Appeals to dismiss its appeal. The court addressed the request in a per curiam memorandum opinion and judgment.
The Court’s Holding
The court granted Applied Energy’s unopposed motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The memorandum opinion did not address the merits of the underlying dispute.
The court ordered Applied Energy, as appellant, to pay all appellate costs under Texas Rules of Appellate Procedure 42.1(d) and 43.4.
Key Takeaways
- An appellant may obtain voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The Second Court of Appeals dismissed the appeal without reaching the underlying merits.
- Applied Energy was ordered to pay all costs of the appeal.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas appeal when the appellant moves for dismissal and the motion is unopposed. It also underscores that appellate costs may be assessed against the appellant when an appeal is dismissed at the appellant’s request.