Background
Feliciano Sanchez and Leticia Sanchez brought an interlocutory appeal from a proceeding in the 454th Judicial District Court of Medina County, where Judge Daniel J. Kindred presided. The appellate court’s memorandum opinion does not describe the underlying dispute or the ruling being appealed.
During the appeal, the Sanchezes filed an agreed voluntary motion to dismiss under Texas Rule of Appellate Procedure 42.1(a). Their certificate of conference stated that appellees Paul Alden and Elosia Alden agreed to the requested relief.
The Court’s Holding
The Texas Fourth Court of Appeals granted the appellants’ agreed motion and dismissed the interlocutory appeal under Rule 42.1(a). The court did not address the merits of the underlying case.
Applying Rule 42.1(d), the court taxed the appellate costs against the appellants.
Key Takeaways
- An appellant may seek voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a).
- The appellees agreed to dismissal, and the court granted the requested relief without reaching the merits.
- The appellants were assessed the costs of the appeal under Rule 42.1(d).
Why It Matters
The decision illustrates the straightforward procedure for ending a Texas interlocutory appeal by agreement. Because the appeal was voluntarily dismissed, the opinion establishes no substantive ruling on the parties’ underlying dispute.