Background
Advanced Cardiac and Trauma Emergency Medical Services appealed from a case in the 332nd District Court of Hidalgo County, Texas, involving Maria Perez.
On July 29, 2026, the court of appeals abated the appeal while the parties pursued a potential settlement. The parties later filed an agreed motion stating that the underlying lawsuit had been settled and dismissed and requesting dismissal of the appeal.
The Court’s Holding
The Texas Thirteenth Court of Appeals reinstated the case, granted the agreed motion, and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
Consistent with the parties’ agreement, the court taxed costs against the party that incurred them. The court also stated that it would not entertain a motion for rehearing because the appeal was dismissed at the parties’ request.
Key Takeaways
- An appellate court may dismiss an appeal on the parties’ agreed request after settlement.
- The court reinstated the previously abated appeal before formally dismissing it.
- Each party bears the costs it incurred, and no motion for rehearing will be entertained.
Why It Matters
The memorandum opinion illustrates the procedural steps used to conclude a Texas civil appeal after the underlying dispute has settled. It does not address the merits of the parties’ claims or establish a substantive legal rule beyond applying the voluntary-dismissal procedure.