Background
Andrew Delaney, proceeding without counsel, appealed from a case in the 157th District Court of Harris County, Texas. The underlying trial court case was numbered 2025-94420.
Before the appellate court issued an opinion, Delaney filed an unopposed motion voluntarily seeking dismissal of the appeal. He also asked the court to expedite issuance of its mandate, but his motion provided no reason for doing so.
The Court’s Holding
The Texas First Court of Appeals granted Delaney’s motion in part and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The court denied his request to expedite the mandate because he had not shown good cause as required by Texas Rule of Appellate Procedure 18.1(c). It dismissed all other pending motions as moot.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- A request to expedite the appellate mandate must establish good cause.
- Dismissal of the appeal rendered the remaining pending motions moot.
Why It Matters
The memorandum opinion illustrates that an unopposed voluntary-dismissal request does not automatically justify accelerated issuance of the mandate. A party seeking expedition must provide a reason demonstrating good cause.