Unreported / Non-Citable
Background
NexGen Energy Properties, Inc. appealed from a case in the 215th District Court of Harris County, Texas, docketed in the trial court as Case No. 2023-60602. The memorandum opinion does not describe the underlying dispute or the trial court’s ruling.
After the parties settled their differences, NexGen moved to dismiss the appeal. Because the motion did not include a certificate of conference, the court held it for 10 days to allow Jessica Dowell to respond or oppose dismissal. Dowell filed no response.
The Court’s Holding
The Texas First Court of Appeals granted NexGen’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed any other pending motions as moot. The per curiam opinion did not address the merits of the parties’ underlying dispute.
Key Takeaways
- An appellant may seek voluntary dismissal of an appeal after the parties settle.
- When a dismissal motion lacks a certificate of conference, the court may hold the motion to give the appellee an opportunity to respond.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas civil appeal after settlement. It also shows that the First Court of Appeals may provide a response period when a motion does not indicate whether the opposing party was consulted.
Because the appeal was dismissed without a merits decision, the opinion establishes no substantive ruling concerning the underlying controversy.