Unreported / Non-Citable
Background
Blue Angus Ranch LP appealed from a proceeding in Denton County Probate Court No. 1 involving the City of Celina, Texas and CADG Sutton Fields II, LLC.
Blue Angus Ranch filed a motion asking the Second Court of Appeals to dismiss its appeal. The court’s memorandum opinion does not describe the underlying dispute or explain why the appellant sought dismissal.
The Court’s Holding
The court granted Blue Angus Ranch’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered Blue Angus Ranch to pay all costs of the appeal under Texas Rules of Appellate Procedure 42.1(d) and 43.4. The per curiam opinion did not reach the merits of the underlying case.
Key Takeaways
- An appellant may move to dismiss its own appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The Second Court of Appeals dismissed the appeal without addressing the underlying dispute.
- The appellant was ordered to pay all appellate costs.
Why It Matters
The decision illustrates the procedural result of an appellant’s voluntary dismissal request: the appellate proceeding ends without a merits ruling, and appellate costs may be assessed against the appellant.