Background
The Texas Commission on Environmental Quality and the Guadalupe-Blanco River Authority appealed from a judgment of the 98th District Court in Travis County in litigation involving the National Wildlife Federation.
On March 10, 2026, the Fifteenth Court of Appeals issued an opinion affirming the trial court’s judgment. After a timely motion for rehearing was filed, the appellants submitted an unopposed motion on October 7, 2026, asking the court to dismiss the appeal.
The Court’s Holding
The court granted the unopposed motion, vacated its March 10, 2026 judgment, and dismissed the appeal. Because the parties did not ask the court to withdraw its March 10 opinion, the court left that opinion in place under Texas Rule of Appellate Procedure 42.1(c).
The parties had not agreed on the allocation of appellate costs. The court therefore taxed costs against the appellants under Texas Rule of Appellate Procedure 42.1(d).
Key Takeaways
- The appeal was dismissed on the appellants’ unopposed motion.
- The court vacated its earlier judgment but did not withdraw its earlier opinion.
- Because the parties made no agreement about costs, appellate costs were taxed against the appellants.
Why It Matters
The disposition illustrates that vacating an appellate judgment does not automatically withdraw the accompanying opinion. When dismissing an appeal, a Texas appellate court separately determines whether an already-issued opinion should remain in place.
It also confirms the default cost rule for voluntary appellate dismissals: absent an agreement between the parties, costs are taxed against the appellant.