Background
Jerry Tubbs appealed from a case in the 341st Judicial District Court of Webb County, Texas, involving Swift Transportation Services, LLC, and Alfredo Romanos Villareal.
On July 31, 2026, Tubbs moved to voluntarily dismiss the appeal. The motion included a certificate showing service on the appellees, who did not oppose it.
The Court’s Holding
The Texas Fourth Court of Appeals granted Tubbs’s motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
Because the motion did not indicate that the parties had agreed to a different allocation of costs, the court taxed the appellate costs against Tubbs under Rule 42.1(d).
Key Takeaways
- An appellant may move to voluntarily dismiss an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- The appellees did not oppose Tubbs’s dismissal motion.
- Absent an agreement providing otherwise, appellate costs were taxed against the appellant.
Why It Matters
The memorandum opinion illustrates the straightforward procedure for voluntarily ending a Texas appeal. It also underscores that an appellant seeking dismissal generally bears appellate costs unless the parties agree otherwise.