Background
The appellant appealed a judgment in a suit affecting the parent-child relationship. The County Court at Law No. 2 of Johnson County had signed the judgment on July 9, 2026.
After the appeal was filed, the parties reached an agreement in the trial court resolving all issues. That agreement directed the appellant to seek dismissal of the appeal with prejudice, and the appellant filed an unopposed motion requesting dismissal and asking to be charged with the appellate costs.
The Court’s Holding
The Texas Tenth Court of Appeals granted the appellant’s motion under Texas Rule of Appellate Procedure 42.1(a). It dismissed the appeal with prejudice.
The court also ordered the appellant to pay the costs of the appeal, as the appellant had requested.
Key Takeaways
- An appellant may seek voluntary dismissal after the parties resolve the issues underlying the appeal.
- The court dismissed this appeal with prejudice because the parties’ trial-court agreement required that disposition.
- The appellant was ordered to bear the appellate costs.
Why It Matters
The memorandum opinion illustrates how an appellate court may terminate a family-law appeal once the parties have resolved all issues and jointly leave no dispute for appellate review. A dismissal with prejudice ends this appeal and prevents the appellant from pursuing the same appeal again.