Background
Progressive County Mutual Insurance Company appealed from Jefferson County Court at Law No. 1 in trial court cause number 25CCCV0540. The district clerk identified Jefferson County as the sole appellee in the appeal.
Before the appellate court issued a decision, Progressive filed an unopposed motion to dismiss its appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
The Court’s Holding
The Texas Ninth Court of Appeals granted Progressive’s motion and dismissed the appeal.
The court relied on Texas Rules of Appellate Procedure 42.1(a)(1), which permits dismissal on an appellant’s motion, and 43.2(f), which authorizes an appellate court to dismiss an appeal.
Key Takeaways
- An appellant may move to dismiss its appeal before the appellate court issues a decision.
- Progressive’s dismissal motion was unopposed.
- The court dismissed the appeal without reaching its merits.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas appeal before decision. Because the court dismissed the matter on Progressive’s motion, the opinion establishes no merits ruling on the underlying dispute.