Background
S.L. and S.L. appealed from the denial of their motion to intervene in a parental-termination case concerning C.F.A.H., a child.
While the appeal was pending, the appellants moved to dismiss it. Their motion included a certificate showing service on counsel for the Texas Department, the child, the mother, and the father. None of those parties opposed dismissal.
The Court’s Holding
The Texas Fourth Court of Appeals granted the appellants’ motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court did not address the merits of the intervention ruling. Under Rule 42.1(d), it taxed the appellate costs against the appellants.
Key Takeaways
- The court dismissed the appeal at the appellants’ request.
- No served party opposed the motion to dismiss.
- The court did not decide whether the trial court properly denied intervention, and the appellants were assessed the appellate costs.
Why It Matters
The memorandum opinion reflects the procedural consequence of an appellant’s voluntary dismissal: the appellate proceeding ends without review of the challenged ruling. Here, the denial of intervention in the parental-termination case received no merits determination from the court of appeals.