Unreported / Non-Citable
Background
Galveston County Water Control and Improvement District No. 12 filed a notice of interlocutory appeal from a March 13, 2026 order of the 56th District Court in Galveston County.
The District later moved to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1), stating that it no longer wished to pursue the matter. No other party had filed a notice of appeal, and the court had not issued an opinion.
The Court’s Holding
The Texas First Court of Appeals granted the District’s motion and dismissed the interlocutory appeal. It also dismissed all other pending motions as moot.
The court denied the District’s request that each party bear its own appellate costs. Because the parties had not agreed otherwise, Rule 42.1(d) required costs to be taxed against the appellant.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal before an opinion issues.
- Dismissal of the appeal rendered the remaining pending motions moot.
- Absent an agreement among the parties, appellate costs are taxed against the appellant.
Why It Matters
The decision illustrates the procedural consequences of voluntarily abandoning a Texas interlocutory appeal. Although dismissal may be available upon the appellant’s request, the appellant cannot unilaterally avoid the default rule assigning it appellate costs.