Background
Harris Central Appraisal District, formerly known as Harris County Appraisal District, appealed an April 22, 2024 final judgment that the 151st District Court of Harris County rendered in favor of Enterprise GC LLC.
On July 6, 2026, HCAD filed an agreed motion to dismiss the appeal, explaining that it no longer wished to pursue the case because the parties had reached an agreement in the underlying lawsuit. Enterprise did not oppose the requested dismissal, and no other party had filed a notice of appeal.
The Court’s Holding
The First Court of Appeals granted HCAD’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1). The court did not address the merits of the trial court’s judgment.
Consistent with the parties’ agreement, the court taxed costs and fees against the party that incurred them. It also dismissed all other pending motions as moot.
Key Takeaways
- An appellant may obtain voluntary dismissal of its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appeal ended without an appellate ruling on the merits because the parties reached an agreement in the underlying lawsuit.
- Each party remained responsible for the costs and fees it incurred, and all other pending motions became moot.
Why It Matters
The decision illustrates the procedural effect of resolving a dispute while an appeal is pending: the appellate court may dismiss the appeal at the appellant’s request without reviewing the underlying judgment. Parties should also expressly address appellate costs and fees in their agreement, as the court may allocate them according to that agreement.