Unreported / Non-Citable
Background
Walter P. Moore & Associates, Inc. and Heather Mae Guillen appealed from a case in the 268th District Court of Fort Bend County, Texas, involving appellee Yvonne Hancock.
The appellants filed a voluntary motion to dismiss their appeal. Although the motion did not include a certificate of conference, Hancock did not file a response opposing dismissal.
The Court’s Holding
The Texas First Court of Appeals granted the appellants’ motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court also dismissed all pending motions as moot. The memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The missing certificate of conference did not prevent dismissal where the appellee filed no opposition.
- Dismissal of the appeal rendered all pending motions moot.
Why It Matters
The decision illustrates the straightforward procedure for voluntarily ending a Texas appeal and confirms that dismissal ordinarily eliminates the need to decide pending appellate motions.