Unreported / Non-Citable
Background
David Michael Lovell appealed from a case in the County Court at Law of Kendall County, where Judge Merry Katherine McDaniel presided.
On August 18, 2026, Lovell filed a motion asking the Fourth Court of Appeals to dismiss his appeal. Both Lovell and his attorney signed the motion as required by Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The court granted Lovell’s motion to dismiss. It concluded that the motion complied with Rule 42.2(a) because it was signed by both the appellant and his attorney.
The court dismissed the appeal without addressing the merits of Lovell’s underlying case.
Key Takeaways
- A criminal appellant may seek voluntary dismissal under Texas Rule of Appellate Procedure 42.2(a).
- The dismissal motion must be signed by both the appellant and the appellant’s attorney.
- Because Lovell’s motion satisfied the rule, the court granted it and dismissed the appeal.
Why It Matters
The memorandum opinion illustrates the procedural requirements for voluntarily ending a Texas criminal appeal. Compliance with Rule 42.2(a), including signatures from both the appellant and counsel, allowed the court to dismiss the appeal without reaching its merits.