Unreported / Non-Citable
Background
John H. Wright, Jr. Investments, LLC filed a notice of appeal on May 19, 2026, challenging an order of the 125th District Court of Harris County in a proceeding concerning a purported lien or claim against Alfonso Rendon and Richard Eaton.
On June 15, 2026, Wright Investments moved to withdraw or dismiss the appeal. It represented that the case had been settled and resolved and that it no longer wished to prosecute the appeal. No other party had filed a notice of appeal, and the appellate court had not issued an opinion.
The Court’s Holding
The Texas First Court of Appeals granted Wright Investments’ motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed all other pending motions as moot. Because the dismissal followed the appellant’s voluntary request after settlement, the court did not decide the merits of the underlying dispute.
Key Takeaways
- An appellant may obtain voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appeal ended after the appellant reported that the case had been settled and resolved.
- The court reached no decision on the merits and dismissed all remaining motions as moot.
Why It Matters
The memorandum opinion illustrates the procedure for ending a Texas civil appeal after settlement. Where no other party has appealed and no appellate opinion has issued, the court may grant the appellant’s request to dismiss without addressing the underlying claims.