Unreported / Non-Citable
Background
S.W. appealed a trial court order terminating his parental rights to three children, H.B.W., K.C.W., and J.C.W., in Randall County. The appeal was docketed in the Seventh District Court of Appeals as No. 07-26-00319-CV.
After the appeal was filed, S.W. moved for voluntary dismissal of his appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). The motion was unopposed, meaning no other party objected to the dismissal.
The Court’s Holding
The appellate court granted S.W.’s unopposed motion to dismiss the appeal. The court found that the motion complied with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion would not prevent any party from seeking relief to which it would otherwise be entitled.
Because no decision on the merits had been issued by the court at the time of dismissal, the appeal was terminated and the trial court’s termination order stood. No motion for rehearing would be entertained.
Key Takeaways
- A party may dismiss an appeal by unopposed motion under the Texas Rules of Appellate Procedure
- Voluntary dismissal does not bar parties from seeking other available relief
- The trial court’s parental rights termination order was not reversed or modified on appeal
Why It Matters
This decision is primarily procedural, addressing the mechanics of voluntary appeal dismissal rather than substantive family law issues. Attorneys should note that Texas appellate rules permit unopposed motions for dismissal even after an appeal has been filed, and such dismissals do not preclude other avenues of relief or litigation.
The case illustrates that appellants may abandon their appeals strategically, and courts will grant such motions when procedurally proper. The termination of parental rights—the underlying trial court judgment—remained in effect following dismissal of the appeal.