Unreported / Non-Citable
Background
Jo Emily Thornton appealed from proceedings in the 89th District Court of Wichita County, Texas, in trial court cause number 161,100-C. Wells Fargo Bank, N.A., and several individuals were named as appellees.
Thornton subsequently filed an unopposed motion asking the Second Court of Appeals to dismiss her appeal. The court’s brief memorandum opinion did not describe the underlying dispute or address its merits.
The Court’s Holding
The court granted Thornton’s unopposed motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also directed each party to bear its own appellate costs, citing Texas Rules of Appellate Procedure 42.1(d) and 43.4. The per curiam disposition resolved only the requested dismissal and did not decide any substantive issue raised by the appeal.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court dismissed this appeal after granting Thornton’s unopposed motion.
- Each party was required to bear its own costs of appeal.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas appeal at the appellant’s request. Because the court dismissed the case without reaching the merits, the opinion establishes no substantive ruling on the parties’ underlying dispute.