Unreported / Non-Citable
Background
Vunishika Coats was convicted of driving while intoxicated in Tarrant County Criminal Court No. 2 and sentenced to 365 days in county jail. She appealed her conviction to the Second Court of Appeals. The Texas Supreme Court subsequently transferred the case to the Seventh Court of Appeals as part of its docket equalization efforts.
While the appeal was pending before the Seventh Court of Appeals, Coats filed a motion to voluntarily dismiss her appeal. The motion was signed by both Coats and her attorney, satisfying the requirements of Texas Rule of Appellate Procedure 42.2(a).
The Court’s Holding
The court granted Coats’s motion to voluntarily dismiss the appeal. Under Texas Rule of Appellate Procedure 42.2(a), a party may dismiss an appeal voluntarily if the motion is signed by both the appellant and counsel. Because Coats’s motion complied with this procedural requirement and no decision on the merits had yet been issued by the court, the motion was granted as a matter of course.
The court issued its mandate forthwith and declined to entertain any motion for rehearing, bringing the appellate proceedings to a close.
Key Takeaways
- Appeals may be dismissed voluntarily when the motion is properly signed by both the appellant and attorney
- Such motions are granted routinely when filed before a decision is issued
- The procedural requirements in Texas Rule of Appellate Procedure 42.2(a) are strictly applied
Why It Matters
This brief order illustrates the straightforward procedural mechanism by which criminal appellants may abandon their appeals prior to decision. The requirement for dual signatures ensures knowing and voluntary dismissal.
For practitioners, the case confirms that appellate dismissal motions that comply with the Rules of Appellate Procedure will be granted without delay, allowing parties to quickly finalize appellate litigation when circumstances warrant.