Background
Rustika Cafe & Bakery, LLC and Francis Reznick appealed from a proceeding in the 125th District Court of Harris County, Texas, in trial court case number 2018-35937.
Before the court of appeals issued an opinion, the appellants filed an unopposed motion to dismiss because they no longer wished to pursue the appeal.
The Court’s Holding
The Texas First Court of Appeals granted the appellants’ unopposed motion and dismissed the appeal under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f).
The court also dismissed all other pending motions as moot. The disposition was issued per curiam by a panel consisting of Justices Caughey, Morgan, and Dokupil.
Key Takeaways
- An appellant may seek voluntary dismissal when it no longer wishes to pursue an appeal.
- The court dismissed the appeal before issuing an opinion on the underlying dispute.
- Dismissal of the appeal rendered all other pending motions moot.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas appeal at the appellants’ request. Because the court dismissed the matter without reaching the merits, the opinion establishes no substantive ruling on the parties’ underlying dispute.