Background
Weaver Government Solutions, LLC and Raymundo Monroy appealed from a proceeding in the 216th Judicial District Court of Gillespie County, Texas, involving appellee Weaver Technologies, LLC. The appellate court’s memorandum opinion does not describe the underlying dispute or the trial court’s ruling.
While the appeal was pending, the appellants filed a motion asking the Fourth Court of Appeals to dismiss it. Their motion did not disclose any agreement between the parties concerning responsibility for appellate costs.
The Court’s Holding
The court granted the appellants’ motion and dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1), which permits dismissal on an appellant’s motion.
Because the motion disclosed no agreement concerning costs, the court assessed all costs against the appellants under Rule 42.1(d). The court issued the decision per curiam.
Key Takeaways
- An appellant may obtain voluntary dismissal of an appeal under Texas Rule of Appellate Procedure 42.1(a)(1).
- If the parties do not agree otherwise, appellate costs are taxed against the appellant under Rule 42.1(d).
- The court did not address the merits of the underlying dispute.
Why It Matters
The decision illustrates the procedural effect of voluntarily ending a Texas appeal: dismissal does not produce a ruling on the merits, and the appellant ordinarily bears costs unless the parties provide a different agreement.