How do Texas appeals courts dismiss cases for lack of prosecution or settlement?
This question has been addressed in 2 Texas court opinions:
Best Choice Restaurants, LLC v. Edna Lumber Co., Inc.
COA13 — January 29, 2026
While an appeal regarding a district court judgment was pending, the appellant (Best Choice Restaurants) and the appellee reached a settlement agreement. The appellant subsequently filed a voluntary motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1), requesting that each party bear its own costs as agreed. The Thirteenth Court of Appeals analyzed the request under TRAP 42.1, finding that the settlement rendered the appeal unnecessary and that dismissal would not prejudice the rights of any other party. The court granted the motion, dismissed the appeal, and explicitly ordered that no motions for rehearing would be entertained to ensure the immediate and absolute finality of the settlement.
Litigation Takeaway
“To ensure a "clean break" and prevent "buyer's remorse" after reaching a settlement during an appeal, practitioners should file a voluntary motion to dismiss under TRAP 42.1(a)(1) and specifically request that the court preclude any motions for rehearing. This strategy secures immediate finality and protects the settlement from last-minute attempts to revive litigation.”
MARVIN LEE JONES, Appellant v. ARLINGTON PLACE APARTMENTS, Appellee
COA14 — January 29, 2026
In this appeal, the appellant contested the court reporter's notice that no record existed, prompting the appellate court to abate the case for an evidentiary hearing. After the trial court confirmed that no reporter's record was ever made, the appellate court reinstated the case and set a strict briefing deadline. Despite being granted an extension, the appellant failed to file a brief. The Fourteenth Court of Appeals analyzed the case under Texas Rule of Appellate Procedure 42.3(b), holding that the failure to prosecute the appeal after the record's status was resolved required a dismissal of the case.
Litigation Takeaway
“A "missing" reporter’s record is not a permanent shield against deadlines; once a trial court determines a record does not exist, you must immediately pivot to a legal strategy based on the Clerk's Record or face a dismissal for want of prosecution.”