Unreported / Non-Citable
Background
Marilyn Douglas Bleeker appealed an interlocutory order from the 249th District Court of Johnson County that granted injunctive relief.
On October 6, 2026, Bleeker filed a document titled “Notice of Dismissal of Appeal.” She asked the court to dismiss the appeal, asserting that the injunction had been dissolved and that the remaining issues had become moot.
The Court’s Holding
The Tenth Court of Appeals construed Bleeker’s filing as a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court granted the motion and dismissed the appeal. It did not independently hold that the appeal was moot; it recounted mootness as Bleeker’s stated reason for seeking dismissal.
Key Takeaways
- A filing styled as a notice of dismissal may be construed as a motion to dismiss an appeal.
- The court dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The disposition rested on the appellant’s motion, not an independent judicial determination that the controversy was moot.
Why It Matters
The opinion illustrates the procedural mechanism for voluntarily dismissing a Texas appeal and the importance of distinguishing a party’s asserted basis for dismissal from the court’s actual holding.