Unreported / Non-Citable
Background
Harris Central Appraisal District appealed from a proceeding involving Warren’s Place, L.L.C., in the 113th District Court of Harris County, Texas. The trial court cause number was 2023-39927.
Before the court of appeals issued an opinion on the merits, the appraisal district filed an unopposed motion to dismiss its appeal under Texas Rules of Appellate Procedure 10.3(a)(2) and 42.1(a)(1).
The Court’s Holding
The Texas First Court of Appeals granted the appellant’s unopposed motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court also dismissed all other pending motions as moot. The per curiam memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may seek voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court granted the request because the dismissal motion was unopposed and no appellate opinion had issued.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The disposition illustrates the procedural effect of an appellant’s voluntary dismissal request before an appellate opinion issues: the court may terminate the appeal without reaching the underlying merits and dispose of remaining motions as moot.