Unreported / Non-Citable
Background
The City of Houston appealed from a case in the 295th District Court of Harris County involving appellee Gabriel Sanchez Ramos. On September 4, 2026, the First Court of Appeals abated the appeal and referred the parties to mediation.
On September 24, 2026, the city filed an agreed motion for voluntary dismissal. The motion stated that the parties had entered into a Texas Rule of Civil Procedure 11 settlement agreement and that the city no longer wished to pursue the appeal. No cross-appeal had been filed, and the appellate court had not issued an opinion.
The Court’s Holding
The court reinstated the appeal on its active docket, granted the city’s agreed motion, and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed all other pending motions as moot. It did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal after settlement when no cross-appeal prevents dismissal.
- The parties resolved the dispute through a Rule 11 settlement agreement following referral to mediation.
- The dismissal produced no appellate ruling on the merits, and all remaining motions became moot.
Why It Matters
The decision illustrates the procedural disposition of a Texas appeal resolved through settlement before an opinion issues. By dismissing rather than deciding the appeal, the court left the underlying legal issues without appellate resolution or precedential analysis.