Background
Joseph Knock appealed a matter involving Lacey Williams from Williamson County Court at Law No. 5. The case reached the Texas Thirteenth Court of Appeals through a docket-equalization transfer from the Third Court of Appeals.
Knock moved to dismiss the appeal as moot, explaining that the case was moot and that he no longer wished to pursue the appeal. Williams did not oppose the motion.
The Court’s Holding
The court granted Knock’s motion under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed the appeal. The memorandum opinion did not address the merits of the underlying dispute.
Under Rule 42.1(d), the court taxed appellate costs against Knock because the parties had not agreed otherwise. Because the dismissal was requested by Knock and the motion was unopposed, the court stated that it would not entertain a motion for rehearing.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- Absent a contrary agreement, appellate costs are taxed against the appellant following dismissal.
- The court dismissed the appeal without reaching the merits and stated that no rehearing motion would be entertained.
Why It Matters
The opinion illustrates the streamlined procedure for ending a Texas appeal when the appellant asserts mootness and no longer wishes to proceed. It also highlights the default cost consequence: unless the parties agree otherwise, the appellant bears the appellate costs.