Unreported / Non-Citable
Background
Arlene Haecker appealed from a proceeding in the 466th District Court of Comal County involving Buc-ee’s, Inc., Buc-ee’s LTD, Buc-ee’s Management, LLC, and Unifirst Corporation. The trial-court case number was C2024-1900E, with Judge Stephanie Bascon presiding.
The memorandum opinion does not describe the underlying dispute or the ruling from which Haecker appealed. During the appellate proceeding, Haecker filed an unopposed motion asking the court to dismiss her appeal.
The Court’s Holding
The Texas Third Court of Appeals granted Haecker’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a).
Because the dismissal rested on the appellant’s unopposed request, the court did not address the merits of the underlying dispute or review any trial-court ruling.
Key Takeaways
- An appellant may move for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a).
- The appellees did not oppose Haecker’s request to dismiss the appeal.
- The court dismissed the appeal without deciding any substantive issue.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas civil appeal at the appellant’s request. It creates no substantive ruling on the parties’ underlying claims because the appellate court resolved only the request for dismissal.