Background
This case originated in the Circuit Court of the Fifth Circuit and involved a dispute between Mark Malagodi and Janet Johnston (plaintiffs) against Cameron E. Nice, Martha J. Jacobsen, and American Savings Bank, F.S.B. (defendants). Following an adverse judgment or order in the circuit court, defendants-appellants Cameron E. Nice and Martha J. Jacobsen appealed to the Intermediate Court of Appeals on docket number CAAP-26-0000097.
After filing their appeal, the appellants reconsidered their position and decided to abandon their appellate challenge.
The Court’s Holding
The Intermediate Court of Appeals granted the appellants’ June 26, 2026 Motion for Voluntary Dismissal of Appeal. The appeal is hereby dismissed as of June 30, 2026.
The court ordered that each party shall bear its own fees and costs. The dismissal means the circuit court judgment remains in place and the appellate proceeding is terminated.
Key Takeaways
- Appellants retain the right to voluntarily dismiss their appeals at any stage of the appellate process.
- Upon voluntary dismissal, the lower court judgment becomes final and is not disturbed by the appellate court.
- Each party typically bears its own costs when an appeal is voluntarily dismissed by motion.
Why It Matters
This order illustrates the procedural mechanism by which an appellant may withdraw an appeal and accept the trial court’s decision. Voluntary dismissal is a common outcome when parties settle disputes or reconsider the viability of their claims after filing a notice of appeal.