Background
Construction Laredo Inc. appealed a trial court judgment from the 49th Judicial District Court in Webb County, Texas (Trial Court No. 2025-CVI-000677-D1), which was presided over by the Honorable Jose A. Lopez. The appeal was docketed in the Fourth Court of Appeals as No. 04-26-00073-CV.
On May 18, 2026, Construction Laredo filed an unopposed motion to dismiss the appeal, indicating that the appellant and appellee Specialty Distribution Group, LLC (aka Service Partners, LLC) had reached an agreement to terminate the appellate proceedings.
The Court’s Holding
The Fourth Court of Appeals granted the unopposed motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). The court dismissed the appeal in its entirety.
Consistent with Texas Rule of Appellate Procedure 42.1(d), the court assessed the costs of the appeal against the appellant, Construction Laredo Inc.
Key Takeaways
- Unopposed motions to dismiss appeals are routinely granted by appellate courts when both parties consent to dismissal.
- The party filing the motion to dismiss bears the costs of the appeal when dismissal is granted.
- This dismissal is procedural only and does not address the merits of the underlying trial court judgment.
Why It Matters
While this opinion provides no insight into the substantive dispute between the parties or the trial court’s reasoning, it illustrates the appellate system’s efficiency mechanism. When parties resolve their dispute during appeal—whether through settlement or other agreement—they may jointly move for dismissal rather than pursuing potentially costly appellate litigation.