Unreported / Non-Citable
Background
Barbara Ptacek Williams, acting as representative of the Estate of Robert Brown, appealed the trial court’s final judgment in litigation involving Michelle Rodriguez. The appeal originated in the 352nd District Court of Tarrant County and was transferred from the Second Court of Appeals to the Seventh Court of Appeals through the Texas Supreme Court’s docket-equalization process.
Before the appellate court issued a decision, Williams filed an unopposed motion seeking voluntary dismissal of the appeal.
The Court’s Holding
The court granted the motion and dismissed the appeal. It found that the motion complied with Texas Rule of Appellate Procedure 42.1(a)(1) and that dismissal would not prevent any party from seeking relief to which that party otherwise would be entitled.
Because the motion contained no agreement concerning payment of costs, the court taxed costs against Williams under Rule 42.1(d). The court also stated that it would not entertain a motion for rehearing and directed that its mandate issue immediately.
Key Takeaways
- An appellant may obtain voluntary dismissal under Rule 42.1(a)(1) before the appellate court delivers a decision when dismissal will not impair another party’s available relief.
- An unopposed dismissal motion does not itself establish an agreement about appellate costs.
- Without a costs agreement, the court taxed costs against the appellant and ordered its mandate to issue immediately.
Why It Matters
The opinion illustrates the procedural consequences of voluntarily abandoning a Texas civil appeal. Parties seeking dismissal should expressly address costs if they want a disposition different from the rule applied by the court.