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Sampson v. Duey — Appeal dismissed at Sampson’s request

Unreported / Non-Citable

Case
Virginia Sampson v. Ryan Duey, an individual; Michael Garrett, an individual; Reboot Franchising LLC, a California Limited Liability Corp.; Reboot Labs, LLC, a California Limited Liability Corp.
Court
Texas Court of Appeals, Third District, at Austin
Judge
Triana; Crump; Ellis
Date Decided
October 8, 2026
Docket No.
03-26-00443-CV
Topics
Appellate Procedure; Voluntary Dismissal
Source
Read the full opinion

Background

Virginia Sampson appealed from a case in the County Court at Law No. 2 of Travis County, where Judge Todd T. Wong presided. The appellees were Ryan Duey, Michael Garrett, Reboot Franchising LLC, and Reboot Labs, LLC.

During the appeal, Sampson filed an unopposed motion asking the Third Court of Appeals to dismiss the appeal.

The Court’s Holding

The court granted Sampson’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a).

The memorandum opinion did not address the merits of the underlying dispute. Its ruling was limited to ending the appellate proceeding at the appellant’s request.

Key Takeaways

  • An appellant may move for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a).
  • Sampson’s dismissal motion was unopposed.
  • The court dismissed the appeal without deciding the underlying claims.

Why It Matters

The decision illustrates the procedural mechanism for voluntarily terminating a Texas civil appeal. Because the court resolved only the dismissal request, the opinion establishes no substantive ruling on the parties’ underlying dispute.

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