Advanced Cardiac v. Perez — Texas appeals court dismissed the settled appeal by agreement

Case
Advanced Cardiac and Trauma Emergency Medical Services v. Maria Perez
Court
Texas Thirteenth Court of Appeals
Judge
Justice Silva; Justice Peña; Justice West
Date Decided
October 22, 2026
Docket No.
13-26-00491-CV
Topics
Appellate Procedure, Settlement, Voluntary Dismissal
Source
Read the full opinion

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.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top