Background
AH Cattle LLC and Austin Scott Hartwell, individually, appealed from a proceeding in the 336th District Court of Fannin County, Texas, against Cadence Bank. The trial court case number was CV-25-47372.
Before the appellate court decided the merits, the appellants moved to voluntarily dismiss their appeal. The memorandum opinion does not describe the underlying dispute or the grounds originally raised on appeal.
The Court’s Holding
The Texas Sixth Court of Appeals granted the appellants’ motion under Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure. That rule permits an appellate court to dismiss an appeal on the appellant’s motion.
Accordingly, the court dismissed the appeal without addressing its merits. The memorandum opinion identifies no ruling on the parties’ substantive claims or defenses.
Key Takeaways
- An appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court granted AH Cattle LLC and Hartwell’s request and dismissed the appeal.
- The opinion did not reach or resolve the merits of the underlying dispute with Cadence Bank.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas appeal at the appellants’ request. Because the court dismissed the matter without considering the merits, the opinion creates no substantive ruling on the underlying controversy.