Background
Top Notch Mobile Home Enterprises, LLC, formerly known as Quality Mobile Homes 4 Less, appealed a case involving Holly Jeske from the 43rd District Court of Parker County, Texas.
During the appeal, Top Notch filed a motion asking the court to dismiss its own appeal.
The Court’s Holding
The Texas Second Court of Appeals granted Top Notch’s motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court ordered Top Notch to pay all costs of the appeal under Texas Rules of Appellate Procedure 42.1(d) and 43.4. The per curiam memorandum opinion did not address the merits of the underlying dispute.
Key Takeaways
- An appellant may move to dismiss its own appeal under Texas appellate procedure.
- The court dismissed the appeal without deciding the merits of the parties’ underlying dispute.
- Top Notch, as the appellant, was ordered to pay all appellate costs.
Why It Matters
The disposition illustrates the procedural effect of an appellant’s voluntary dismissal request: the appellate proceeding ends without a merits ruling, and appellate costs may be assessed against the appellant.