Unreported / Non-Citable
Background
An appellant sought review in the Texas Second Court of Appeals of a matter from Parker County Court at Law No. 2 involving J.K., a child. The memorandum opinion does not describe the underlying dispute or identify the ruling challenged on appeal.
While the appeal was pending, the appellant filed an unopposed motion for voluntary dismissal.
The Court’s Holding
The court granted the appellant’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered the appellant to pay all appellate costs under Rules 42.1(d) and 43.4. The disposition was issued in a per curiam memorandum opinion.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal.
- The court granted the unopposed dismissal motion and ended the appeal without addressing its merits.
- The appellant was responsible for all costs of the appeal.
Why It Matters
The decision illustrates the straightforward procedure for terminating a Texas appeal at the appellant’s request. It also confirms that dismissal can leave the appellant responsible for appellate costs.