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Carnes v. Johnson — Appeal dismissed after the parties resolved their dispute

Unreported / Non-Citable

Case
Sandra Carnes v. Joe Johnson and Michael Farst
Court
Texas Thirteenth Court of Appeals
Judge
Justice Silva; Justice Peña; Justice West
Date Decided
October 8, 2026
Docket No.
13-26-00503-CV
Topics
Appellate Procedure; Voluntary Dismissal; Settlement
Source
Read the full opinion

Background

Sandra Carnes appealed from a proceeding in the 267th District Court of DeWitt County, Texas, involving appellees Joe Johnson and Michael Farst.

After the parties fully resolved all matters between them, they filed an agreed motion to dismiss the appeal. Carnes sought dismissal, and the parties agreed that each would bear its own appellate costs.

The Court’s Holding

The Texas Thirteenth Court of Appeals granted the agreed motion under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed the appeal.

Consistent with the parties’ agreement, the court taxed costs against the party incurring them. It further stated that no motion for rehearing would be entertained and ordered the mandate to issue immediately.

Key Takeaways

  • An appellant may obtain dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
  • The appeal ended without a ruling on the merits because the parties had resolved all matters between them.
  • Each party bears its own appellate costs, no rehearing will be entertained, and the mandate will issue immediately.

Why It Matters

The memorandum opinion illustrates how a Texas appellate court closes an appeal after the parties resolve their dispute and jointly request dismissal. The disposition leaves the underlying merits undecided and implements the parties’ agreement concerning costs.

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