Desimone v. Minor — Third Court of Appeals dismissed the appeal at Desimone’s request

Case
Joseph Pasquale Desimone v. Richard Minor
Court
Texas Court of Appeals, Third District, at Austin
Judge
Justice Triana; Justice Crump; Justice Ellis
Date Decided
October 27, 2026
Docket No.
03-26-00475-CV
Topics
Appellate Procedure; Voluntary Dismissal
Source
Read the full opinion

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.

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