Reyna v. Martinez — Granted voluntary dismissal and dismissed the appeal

Background

Ruby D. Reyna appealed from a proceeding in the 288th Judicial District Court of Bexar County, where Judge Angelica Jimenez presided.

On August 18, 2026, Reyna moved to voluntarily dismiss her appeal. Appellee Martin L. Martinez did not oppose the motion.

The Court’s Holding

The Texas Fourth Court of Appeals granted Reyna’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).

Because the motion did not indicate that the parties had agreed to a different allocation of costs, the court taxed appellate costs against Reyna under Rule 42.1(d).

Key Takeaways

• An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
• The appellee did not oppose dismissal.
• Absent an agreement providing otherwise, appellate costs were taxed against the appellant.

Why It Matters

The decision illustrates the straightforward procedure for voluntarily ending a Texas appeal and confirms that the appellant ordinarily bears appellate costs unless the parties agree otherwise.