Reported / Citable
Background
Brett Mundy appealed from a judgment or order entered by the 22nd District Court in Hays County. During the appeal, Mundy filed an unopposed motion to dismiss.
Mundy represented that the parties had reached an agreement resolving all claims in the underlying case. The parties, however, did not file their settlement agreement with the appellate clerk.
The Court’s Holding
The Eighth Court of Appeals granted Mundy’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1), which permits dismissal on the appellant’s motion.
The court treated the request as a voluntary dismissal rather than relief based on a party agreement under Rule 42.1(a)(2), because no signed settlement agreement had been filed. It taxed costs against Mundy.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Rule 42.1(a)(1).
- Relief effectuating a settlement under Rule 42.1(a)(2) requires filing the parties’ agreement with the appellate clerk.
- Absent that filing, the court may dismiss the appeal without setting aside or otherwise altering the trial court’s judgment.
Why It Matters
The decision distinguishes a straightforward appellant-requested dismissal from settlement-based appellate relief. Parties seeking to have an appellate court render judgment on, remand for, or otherwise implement a settlement must provide the signed agreement required by Rule 42.1(a)(2).