Background
Brenon Proulx appealed from an order of the 88th District Court of Hardin County denying a motion for partial summary judgment.
Before the appellate court issued a decision, Proulx filed an unopposed motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The Texas Ninth Court of Appeals granted Proulx’s unopposed motion and dismissed the appeal.
The court relied on Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). It did not address the merits of the trial court’s order denying partial summary judgment.
Key Takeaways
- An appellant may move to dismiss an appeal before the appellate court issues its decision.
- The appellees did not oppose Proulx’s dismissal request.
- The dismissal left the merits of the partial-summary-judgment ruling undecided on appeal.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas civil appeal before decision. Because the court dismissed the appeal at the appellant’s request, the opinion establishes no merits ruling concerning the underlying partial-summary-judgment dispute.