Background
Sylvia Patricia Suarez and Sergio J. Suarez Sr. were parties to a marriage proceeding in the 24th District Court of Victoria County, Texas. An appeal from that proceeding was pending before the Texas Thirteenth Court of Appeals.
The parties jointly moved to dismiss the appeal, advising the court that they had reached a full and final mutual agreement resolving all disputes between them. Although their motion cited Texas Rule of Appellate Procedure 42.1(a)(2), they did not file a signed settlement agreement with the clerk or request any of the three forms of agreed-disposition relief available under that provision.
The Court’s Holding
The court construed the substance of the joint motion as seeking voluntary dismissal under Rule 42.1(a)(1), rather than an agreed disposition under Rule 42.1(a)(2). Rule 42.1(a)(1) permits an appellate court, on the appellant’s motion, to dismiss an appeal or affirm the appealed judgment or order.
The court granted the motion and dismissed the appeal. Consistent with the parties’ request, it taxed costs against the appellant under Rule 42.1(d) and stated that no motion for rehearing would be entertained.
Key Takeaways
- A motion labeled as seeking relief under Rule 42.1(a)(2) may be construed according to the substance of the relief requested.
- Parties seeking an agreed disposition under Rule 42.1(a)(2) must file the required signed agreement and request one of the remedies authorized by that rule.
- The court dismissed the appeal under Rule 42.1(a)(1), taxed costs against the appellant, and barred rehearing.
Why It Matters
The opinion underscores the procedural distinction between a voluntary dismissal and an agreed appellate disposition. When parties settle during an appeal but do not submit the documentation or request the specific relief required by Rule 42.1(a)(2), the appellate court may treat their request as a voluntary dismissal under Rule 42.1(a)(1).
The dismissal ended the appeal without a merits ruling or alteration of the trial court’s judgment.