Unreported / Non-Citable
Background
GoodLeap, LLC appealed from a case involving Gwenda Monroe in the 89th District Court of Wichita County, Texas. The trial-court case number was DC89-CV2025-1450.
After the appeal was filed, the parties submitted a joint notice of settlement and GoodLeap filed a voluntary motion to dismiss the appeal.
The Court’s Holding
The Texas Second Court of Appeals granted GoodLeap’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered GoodLeap, as appellant, to pay all appellate costs under Rules 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 obtain voluntary dismissal of an appeal after the parties settle.
- The court dismissed the appeal without deciding the underlying merits.
- GoodLeap was ordered to pay all costs of the appeal.
Why It Matters
The decision illustrates the procedural disposition available when a settlement eliminates the need for appellate review. It also confirms that dismissal does not necessarily shift appellate costs away from the appellant; here, GoodLeap remained responsible for them.