Shorten v. Williams — Appeal dismissed at appellants’ request

Case
Barbara J. Shorten, Michael D. Williams, and Jalessa Betts v. Tomeka N. Williams and Valen H. Price
Court
Texas Tenth Court of Appeals
Judge
Chief Justice Johnson; Justice Smith; Justice Harris
Date Decided
September 17, 2026
Docket No.
10-26-00269-CV
Topics
Appellate Procedure; Voluntary Dismissal; Declaratory Judgment
Source
Read the full opinion

Background

Barbara J. Shorten, Michael D. Williams, and Jalessa Betts appealed an order of the 13th District Court of Navarro County granting a petition for declaratory judgment. The underlying case was presided over by Judge James E. Lagomarsino.

On September 8, 2026, the appellants filed a document titled “Appellants’ Notice of Non-Suit of Appeal.” In substance, the filing asked the Tenth Court of Appeals to dismiss the appeal.

The Court’s Holding

The court construed the appellants’ filing as a motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).

The court granted the motion and dismissed the appeal. The memorandum opinion did not address the merits of the trial court’s declaratory-judgment order.

Key Takeaways

  • An appellate court may construe a filing according to the relief it seeks rather than the title chosen by the filer.
  • The appellants’ notice of non-suit was treated as a motion for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1).
  • The appeal ended without an appellate ruling on the merits of the declaratory judgment.

Why It Matters

The decision illustrates the procedural mechanism for voluntarily ending a Texas civil appeal. It also shows that an imprecisely titled filing may still be effective when its substance clearly requests relief authorized by the appellate rules.

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