Background
Justin Vela, Godofredo Vela, Jane Vela, and other occupants appealed a case involving Rio Rancho Properties, LLC from Travis County Court at Law No. 1. The appeal was transferred to the Eighth Court of Appeals under the Texas Supreme Court’s docket-equalization program.
Appellants’ counsel filed a “Notice of Nonsuit of Appeal without Prejudice,” stating that the appellants intended to end their entire appeal. The appellate clerk advised the parties that the Texas Rules of Appellate Procedure authorize dismissal rather than nonsuit and construed the filing as a motion for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1).
The clerk gave the appellants ten days to withdraw the filing or pay the required $10 fee and also allowed the appellee an opportunity to respond. The appellants timely confirmed payment of the fee, and Rio Rancho Properties did not respond.
The Court’s Holding
The court construed the appellants’ notice of nonsuit as a motion for voluntary dismissal of the appeal. It granted the motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1.
The memorandum opinion did not address the merits of the underlying dispute. Its ruling was limited to ending the appellate proceeding at the appellants’ request.
Key Takeaways
- Texas appellate procedure provides for voluntary dismissal of an appeal, not a nonsuit of an appeal.
- A filing labeled as a notice of nonsuit may be construed as a motion for voluntary dismissal when it clearly expresses an intent to end the appeal.
- The court dismissed the appeal after the appellants paid the required fee and the appellee declined to respond.
Why It Matters
The decision illustrates how Texas appellate courts may handle a procedurally mislabeled request to abandon an appeal. Rather than rejecting the filing solely because it used trial-court terminology, the court provided notice and an opportunity to cure before treating it as a voluntary-dismissal motion.
For appellate practitioners, the opinion underscores the importance of requesting dismissal under Texas Rule of Appellate Procedure 42.1 and complying with applicable filing-fee requirements.