Unreported / Non-Citable
Background
Rahemtul Momin appealed from an order entered in litigation against Zahir Ali in Fort Bend County Court at Law No. 5.
After the appeal was filed, the trial court granted Momin’s motion to vacate and set aside the order underlying the appeal on September 17, 2026. Momin then moved to dismiss the appeal, and the motion was unopposed.
The Court’s Holding
The Texas First Court of Appeals granted Momin’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
Because the appeal was dismissed, the court also dismissed all other pending motions as moot.
Key Takeaways
- An appellant may seek voluntary dismissal when the trial court has vacated the order underlying the appeal.
- The court granted dismissal where the appellant’s request was unopposed.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The memorandum opinion illustrates the procedural consequence of a trial court vacating the order challenged on appeal: the appellant may voluntarily dismiss the appeal, eliminating the need for appellate review of that order.