Unreported / Non-Citable
Background
Hidalgo Independent School District and four members of its board of trustees, sued in their official capacities, appealed from County Court at Law No. 5 of Hidalgo County in litigation involving RG Enterprises, LLC, doing business as G&G Contractors.
After deciding not to pursue the appeal, the appellants filed an opposed motion on September 17, 2026, seeking voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). The court requested a response from RG Enterprises on September 21, but none was received.
The Court’s Holding
The Texas Thirteenth Court of Appeals granted the appellants’ motion and dismissed the appeal under Rule 42.1(a)(1). Because the parties filed no agreement concerning court costs, the court taxed costs against the appellants under Rule 42.1(d).
The court further stated that it would not entertain a motion for rehearing and directed that the mandate issue immediately. It dismissed as moot the appellants’ later motion to extend the deadline for filing their appellate brief.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- Without an agreement allocating costs, the court taxed appellate costs against the appellants.
- The court ordered the mandate to issue immediately, barred rehearing, and dismissed the briefing-extension motion as moot.
Why It Matters
The memorandum opinion illustrates the procedural consequences of voluntarily abandoning a Texas appeal. Dismissal ended the appellate proceeding without a decision on the underlying dispute, placed costs on the appellants absent a contrary agreement, and rendered their request for additional briefing time moot.