Background
Frank Gorman appealed a trial court order from the 153rd District Court in Tarrant County that awarded additional attorneys’ fees to Patriot Home and Commercial Services, LLC in connection with a TCPA motion to dismiss. The appeal was initially filed in the Second Court of Appeals but was transferred to the Seventh District by the Texas Supreme Court as part of its docket equalization efforts.
The Court’s Holding
The court granted Gorman’s agreed motion seeking voluntary dismissal of the appeal. The court found that the motion complied with the requirements of Texas Rule of Appellate Procedure 42.1(a)(1) and that granting the motion would not prevent any party from seeking relief to which it would otherwise be entitled. The court dismissed the appeal, with each party taxed with the costs it had incurred, and declined to entertain any motion for rehearing.
Key Takeaways
- Parties may voluntarily dismiss appeals by agreed motion at any stage before appellate decision.
- Voluntary dismissal does not bar parties from pursuing other available remedies or relief.
- Courts will grant agreed dismissal motions that satisfy procedural requirements without addressing the merits of the underlying dispute.
Why It Matters
This opinion illustrates the procedural mechanism by which appellate litigation can be resolved through agreed voluntary dismissal, even after appeal has been filed. While the opinion does not address the merits of the TCPA attorneys’ fees dispute, it demonstrates that Texas appellate courts will honor such motions when procedural requirements are satisfied, permitting parties to settle disputes without requiring appellate resolution on the merits.