Reported / Citable
Background
Rosalba Escoto-Leon appealed a divorce decree signed on January 15, 2026, by the 311th District Court of Harris County, Texas, in trial court case number 2024-76941. The underlying proceeding was a divorce action between Escoto-Leon and appellee Jose Ortiz.
After the appeal was filed, the trial court granted a motion for new trial and vacated the January 15, 2026 divorce decree that had been the subject of the appeal. With the decree set aside, the basis for the appeal no longer existed.
The Court’s Holding
Appellant Escoto-Leon filed a motion to dismiss the appeal in light of the trial court’s order granting a new trial and vacating the divorce decree. Escoto-Leon also requested that the court issue the mandate immediately pursuant to Texas Rule of Appellate Procedure 18.1(c).
The First Court of Appeals granted the motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a). The court also ordered the Clerk to issue the mandate immediately and dismissed all other pending motions as moot. The opinion was issued per curiam by a panel consisting of Justices Caughey, Johnson, and Dokupil.
Key Takeaways
- When a trial court grants a motion for new trial and vacates the judgment being appealed, the appellant may voluntarily move to dismiss the appeal as moot.
- Texas Rule of Appellate Procedure 42.1(a) governs voluntary dismissal of appeals and was the procedural basis for the dismissal here.
- An appellant may request immediate issuance of the mandate under Texas Rule of Appellate Procedure 18.1(c), which the court granted in this case.
Why It Matters
This procedural disposition illustrates the interplay between trial court and appellate court jurisdiction in Texas divorce cases. When a trial court vacates its own judgment by granting a new trial while an appeal is pending, the appellate proceeding becomes moot and the parties must return to the trial court for further proceedings on the merits.
For family law practitioners, the case is a reminder to monitor trial court activity even after a notice of appeal is filed, and to promptly seek dismissal of a pending appeal when the underlying judgment is vacated, thereby avoiding unnecessary appellate costs and allowing the case to proceed at the trial level.