Background
Jay Parker appealed a decision from the 216th Judicial District Court in Kendall County, Texas (Trial Court No. 12-298A), where Judge Kirsten Cohoon was presiding. The appeal involved a dispute with Ohio Development, LLC and was pending before the Fourth Court of Appeals.
The Court’s Holding
On May 14, 2026, Parker filed an unopposed motion to dismiss the appeal. The Fourth Court of Appeals granted the motion and dismissed the appeal. Pursuant to Texas Rule of Appellate Procedure 42.1(d), costs of the appeal were assessed against the appellant.
Key Takeaways
- Appellants may dismiss their own appeals by unopposed motion.
- When an appeal is dismissed at the appellant’s request, appellate costs are assessed to the appellant.
- A dismissal by motion is a procedural order that does not address the merits of the underlying dispute.
Why It Matters
This dismissal order illustrates the appellate process for voluntary withdrawal of appeals. Parties pursuing appeals should be aware that dismissing an appeal will result in cost liability, making settlement or reinstatement of trial court judgments alternatives to appellate continuation.