Unreported / Non-Citable
Background
Harris County appealed from a case involving EGP Cypress Slough Center 1031 LLC in the 234th District Court of Harris County, Texas. The appellate court previously abated the appeal for settlement.
Harris County subsequently filed an unopposed motion to dismiss its appeal under Texas Rule of Appellate Procedure 42.1(a)(1). The court had not issued an opinion addressing the merits.
The Court’s Holding
The First Court of Appeals reinstated the appeal, granted Harris County’s unopposed motion, and dismissed the appeal in all things under Rule 42.1(a)(1).
The court also dismissed all other pending motions as moot. Its memorandum opinion did not address the underlying dispute or resolve any substantive legal issue.
Key Takeaways
- An appellant may move to dismiss its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court reinstated the previously abated appeal before granting the unopposed dismissal motion.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The disposition illustrates the procedural steps a Texas appellate court may take when the parties pursue settlement and the appellant later abandons the appeal. Because the court dismissed the matter without reaching the merits, the memorandum opinion establishes no substantive ruling on the underlying dispute.