Reported / Citable
Background
Horine Oluwole appealed a judgment from the County Civil Court at Law No. 4 in Harris County, Texas (Trial Court Case No. 1259537) against MOS-PS, Ltd. The underlying nature of the dispute is not detailed in the appellate record before the First District.
While the appeal was pending, the parties reached a settlement agreement. Oluwole filed a motion to dismiss the appeal, requesting that each side bear its own costs. The court held the motion for ten days due to the absence of a required certificate of conference; no response from MOS-PS, Ltd. was filed during that period.
The Court’s Holding
The First District Court of Appeals granted Oluwole’s motion and dismissed the appeal pursuant to Texas Rule of Appellate Procedure 42.1, which governs voluntary dismissal of appeals by agreement or on a party’s motion. The court imposed no costs on either party, consistent with the appellant’s request.
All other pending motions were dismissed as moot in light of the dismissal of the appeal itself.
Key Takeaways
- Under Texas Rule of Appellate Procedure 42.1, an appellant may obtain dismissal of a pending appeal upon motion, particularly where the parties have settled.
- A missing certificate of conference will cause the court to hold a dismissal motion — here for ten days — before ruling, even when no opposition is filed.
- Dismissal of the appeal renders all other pending appellate motions moot.
Why It Matters
This per curiam disposition is a routine procedural order with no precedential ruling on the merits. It serves as a reminder to practitioners that Texas appellate rules require a certificate of conference on motions; omitting it can delay an otherwise uncontested dismissal even when settlement is undisputed.