Unreported / Non-Citable
Background
Gavin and Katherine Zaruba appealed from an order dismissing their case for want of prosecution in the 278th District Court of Walker County, Texas.
After the parties reached a settlement disposing of all claims and controversies between them, the Zarubas filed an unopposed motion to dismiss the appeal. The motion stated that they no longer wished to pursue the appeal and that the parties had agreed to bear their own appellate costs.
The Court’s Holding
The Texas Tenth Court of Appeals granted the Zarubas’ motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a).
The court also ordered each party to pay its own costs of appeal. The court did not address the merits of the trial court’s dismissal for want of prosecution.
Key Takeaways
- An appellant may seek voluntary dismissal of an appeal after the parties settle their dispute.
- The court granted the unopposed dismissal motion and did not reach the merits of the underlying order.
- Consistent with the parties’ agreement, each party was ordered to bear its own appellate costs.
Why It Matters
The decision illustrates the procedural disposition available when a settlement eliminates the controversy being appealed. Once the appellants advised that they no longer wished to proceed, the court dismissed the appeal without reviewing the trial court’s ruling.