Unreported / Non-Citable
Background
This appeal arose from a trial court proceeding in the 250th District Court of Travis County. The appeal was previously abated (suspended). The appellants—three related Texas Disposal Systems entities—filed an unopposed motion to reinstate and dismiss the appeal. The appellee, Judith Kent, did not oppose the motion.
The Court’s Holding
The Third District Court of Appeals reinstated the appeal from abatement and granted the appellants’ unopposed motion to dismiss. The appeal was dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a), which permits courts to dismiss appeals when both parties consent. Each party bears its own costs in accordance with the parties’ agreement, consistent with Rule 42.1(d).
Key Takeaways
- Unopposed motions to dismiss an appeal are routinely granted by courts.
- An appeal abated (suspended) can be reinstated for purposes of dismissal.
- When parties agree to dismiss, each side typically bears its own costs rather than recovering appellate fees.
Why It Matters
This decision reflects standard appellate procedure: when both parties to an appeal consent to dismissal, courts grant such motions efficiently without deciding the merits. This practice helps reduce appellate dockets and allows parties to resolve disputes without prolonged litigation. The opinion provides no insight into the underlying dispute between the disposal company and Kent, as the case was resolved procedurally rather than on substantive grounds.