Reported / Citable
Background
Professional Service Industries, Inc. appealed a trial court judgment from the 348th District Court of Tarrant County, Texas (Trial Court No. 348-374004-26) against Supreme Bright Grapevine VII, LLC. The nature of the underlying dispute is not addressed in the appellate record available here, as the appeal was terminated before any merits briefing or decision.
Before the Court of Appeals could reach the substance of the appeal, appellant Professional Service Industries filed a motion to voluntarily dismiss its own appeal.
The Court’s Holding
The Second Court of Appeals granted the appellant’s motion and dismissed the appeal pursuant to Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f), which govern voluntary dismissals initiated by the appellant.
The court further ordered that appellant bear all costs of the appeal, consistent with Texas Rules of Appellate Procedure 42.1(d) and 43.4, which generally require a party that voluntarily dismisses its appeal to shoulder the associated appellate costs.
Key Takeaways
- An appellant in Texas may voluntarily dismiss its own appeal at any time under Tex. R. App. P. 42.1(a)(1), and the court will grant such a motion as a matter of course.
- A voluntary dismissal does not result in a merits ruling — the trial court judgment stands undisturbed.
- Under Tex. R. App. P. 42.1(d) and 43.4, costs of the appeal are taxed against the appellant who sought dismissal.
Why It Matters
This per curiam disposition is procedural and carries no precedential weight on the merits of any substantive legal question. It serves as a routine reminder that Texas appellate rules give appellants an unconditional right to abandon their appeal, but that doing so comes at a price: the appellant must absorb all appellate costs rather than shifting them to the opposing party.
Practitioners should note that a voluntary dismissal at the appellate level leaves the trial court’s judgment fully intact and enforceable, making the decision to dismiss strategically significant — whether the result of a settlement, a reassessment of appellate prospects, or another business consideration.