Background
Anthony James Rodriguez appealed from a proceeding in the 187th Judicial District Court of Bexar County, Texas, where Judge Stephanie R. Boyd presided. The appellate court’s memorandum opinion does not describe the underlying dispute or the trial court’s ruling.
While the appeal was pending, Rodriguez filed a motion asking the Fourth Court of Appeals to dismiss it.
The Court’s Holding
The court granted Rodriguez’s motion and dismissed the appeal.
The per curiam court relied on Texas Rule of Appellate Procedure 42.1(a)(1), which permits dismissal in accordance with an appellant’s motion.
Key Takeaways
- The appellant voluntarily sought dismissal of his appeal.
- The Fourth Court of Appeals granted the motion under Texas Rule of Appellate Procedure 42.1(a)(1).
- The court did not address the merits of the underlying case.
Why It Matters
The decision illustrates the straightforward procedure for an appellant to voluntarily end a Texas civil appeal. Because the appeal was dismissed at Rodriguez’s request, the opinion establishes no merits ruling on the underlying dispute.