Unreported / Non-Citable
Background
Las Colinas of Westover appealed from a judgment of the 73rd Judicial District Court in Bexar County. The trial court, presided over by the Honorable Elizabeth Martinez, entered judgment in Trial Court No. 2024-CI-16443. The appellant subsequently filed an unopposed motion to dismiss the appeal.
The Court’s Holding
The Fourth Court of Appeals granted the unopposed motion to dismiss and dismissed the appeal. The court applied Texas Rule of Appellate Procedure 42.1(a), which governs dismissal of appeals. Costs of the appeal were taxed against the appellant pursuant to Rule 42.1(d).
Key Takeaways
- Unopposed motions to dismiss an appeal are typically granted as a matter of course.
- When an appeal is dismissed, the appellant bears the costs of the appellate proceeding.
- Filing a notice of appeal does not prevent an appellant from later seeking to withdraw that appeal if circumstances change.
Why It Matters
While this decision is purely procedural, it serves as a reminder to practitioners that appellate costs follow the appellant when an appeal is dismissed. Attorneys must carefully evaluate whether to proceed with an appeal before filing the notice, as dismissal still results in taxable costs.