Unreported / Non-Citable
Background
Scott P. Bernstein appealed a case involving McGuire & Roman, PLLC, from Montgomery County Court at Law No. 6. The underlying trial-court cause number was 24-12-20541.
Before the appellate court issued a decision, Bernstein filed a motion asking the court to dismiss his appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The Texas Ninth Court of Appeals granted Bernstein’s motion and dismissed the appeal. The court cited Texas Rule of Appellate Procedure 43.2(f) as authority for the disposition.
The memorandum opinion did not address the merits of the underlying dispute or disturb any trial-court ruling. It resolved only Bernstein’s request to end the appellate proceeding.
Key Takeaways
- An appellant may move to dismiss an appeal before the appellate court issues its decision.
- The court granted Bernstein’s voluntary-dismissal request and dismissed the appeal.
- The opinion contains no ruling on the merits of the parties’ underlying dispute.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas civil appeal before a decision is issued. Because the court dismissed the appeal without reaching the merits, the opinion establishes no substantive rule concerning the underlying case.