Background
The appeal arose from a proceeding involving the children L.Q. and C.Q. in the 481st District Court of Denton County, Texas. The appellate court’s brief memorandum opinion did not describe the underlying dispute or the trial court’s ruling.
While the appeal was pending, the appellant filed a motion asking the court to waive appellate court costs and fees. The appellant also filed a motion to dismiss the appeal.
The Court’s Holding
The Texas Second Court of Appeals denied the motion to waive appellate court costs and fees, citing Texas Rule of Civil Procedure 145(g)(2) and Texas Rule of Appellate Procedure 20.1(b)(3)(B).
The court granted the appellant’s motion to dismiss and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). It ordered the appellant to pay all costs of the appeal.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal by motion.
- Voluntary dismissal does not itself establish entitlement to a waiver of appellate costs and fees.
- The appellant remained responsible for all appellate costs despite dismissal of the appeal.
Why It Matters
The decision underscores that voluntary dismissal and relief from appellate costs are separate issues. A party who abandons an appeal may still be required to pay the costs incurred in the appellate proceeding.