Background
Mongolian Group Houston, LLC, Manish Patel, and Sneha Patel appealed from a case involving Origin Bank in the 48th District Court of Tarrant County, Texas. The trial-court case number was 048-360979-25.
During the appeal, the appellants filed a motion asking the Texas Second Court of Appeals to dismiss the appeal. The court’s memorandum opinion does not describe the underlying dispute or explain why the appellants sought dismissal.
The Court’s Holding
The court granted the appellants’ motion and dismissed the appeal with prejudice under Texas Rules of Appellate Procedure 42.1(a)(1) and 43.2(f). The dismissal with prejudice terminated this appeal.
The court also ordered the appellants to pay all appellate costs under Texas Rules of Appellate Procedure 42.1(d) and 43.4.
Key Takeaways
- An appellant may move for voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court dismissed this appeal with prejudice at the appellants’ request.
- All appellate costs were assessed against the appellants.
Why It Matters
The disposition illustrates that voluntarily ending a Texas appeal can result in dismissal with prejudice and an assessment of appellate costs against the appellants. Because the court did not address the underlying controversy, the opinion establishes no substantive holding on the parties’ dispute.