Background
Joseph Pasquale Desimone appealed from a proceeding in the 425th Judicial District Court of Williamson County, where Judge Betsy F. Lambeth presided. Richard Minor was the appellee.
Desimone filed an unopposed motion asking the Third Court of Appeals to dismiss his appeal.
The Court’s Holding
The court granted Desimone’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a).
The memorandum opinion did not address the merits of the underlying dispute. Its disposition was limited to granting the appellant’s requested dismissal.
Key Takeaways
- An appellant may move to dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a).
- Desimone’s dismissal motion was unopposed.
- The court dismissed the appeal without resolving the underlying merits.
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas civil appeal at the appellant’s request. Because the court addressed only voluntary dismissal, the opinion establishes no merits ruling on the parties’ underlying dispute.