Background
Yunyun Sun and Xiyuan Wu appealed from a proceeding in the 431st District Court of Denton County, Texas, under trial court number 25-13171-431. Keturah ‘Kit’ Labat was the appellee.
Before the appellate court resolved the merits, Sun and Wu filed a motion asking to voluntarily dismiss their appeal. The memorandum opinion does not describe the underlying dispute or identify the order or judgment from which they appealed.
The Court’s Holding
The Second Court of Appeals granted the appellants’ motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The court therefore did not reach or decide the merits of the parties’ underlying dispute.
The court also ordered Sun and Wu to pay all costs of the appeal, citing Texas Rules of Appellate Procedure 42.1(d) and 43.4.
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court granted the requested dismissal without addressing the merits of the underlying case.
- All appellate costs were assessed against the appellants.
Why It Matters
The disposition illustrates the procedural effect of an appellant’s voluntary-dismissal request: the appellate proceeding ends without a merits ruling. It also underscores that appellants may remain responsible for appellate costs when their appeal is voluntarily dismissed.