Unreported / Non-Citable
Background
Jeannine Kuhnell appealed from a proceeding involving Alexis Curtiss, acting as trustee of the DSS Revocable Trust. The appeal arose from the 415th District Court of Parker County, Texas, in trial court case number CV25-1766.
Before the appellate court resolved the merits, Kuhnell filed a motion to voluntarily dismiss her appeal.
The Court’s Holding
The Texas Second Court of Appeals granted Kuhnell’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered Kuhnell, as appellant, to pay all appellate costs under Texas Rules of Appellate Procedure 42.1(d) and 43.4. The per curiam memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court dismissed the appeal without deciding the underlying claims.
- Kuhnell was ordered to pay all costs of the appeal.
Why It Matters
The decision illustrates the procedural effect of an appellant’s voluntary-dismissal motion: the appellate proceeding ends without a merits ruling, and appellate costs may be assessed against the appellant.