Background
Barbara J. Shorten, Michael D. Williams, and Jalessa Betts appealed an order of the 13th District Court of Navarro County granting a petition for declaratory judgment. The underlying case was presided over by Judge James E. Lagomarsino.
On September 8, 2026, the appellants filed a document titled “Appellants’ Notice of Non-Suit of Appeal.” In substance, the filing asked the Tenth Court of Appeals to dismiss the appeal.
The Court’s Holding
The court construed the appellants’ filing as a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court granted the motion and dismissed the appeal. The memorandum opinion did not address the merits of the trial court’s declaratory-judgment order.
Key Takeaways
- An appellate court may construe a filing according to the relief it seeks rather than the title chosen by the filer.
- The appellants’ notice of non-suit was treated as a motion for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appeal ended without an appellate ruling on the merits of the declaratory judgment.
Why It Matters
The decision illustrates the procedural mechanism for voluntarily ending a Texas civil appeal. It also shows that an imprecisely titled filing may still be effective when its substance clearly requests relief authorized by the appellate rules.