What happens to pending motions when I voluntarily dismiss my appeal?
This question has been addressed in 2 Texas court opinions:
Kacz v. Mathews
COA09 — February 12, 2026
After initiating an accelerated appeal of a Montgomery County district court order, the appellant filed an unopposed motion to dismiss the case before the appellate court reached a decision on the merits. The Ninth Court of Appeals analyzed the request under Texas Rule of Appellate Procedure 42.1(a)(1), which permits voluntary dismissal when the action does not prevent an opposing party from seeking affirmative relief. Finding the motion procedurally sound and timely, the court granted the dismissal under Rule 43.2(f), effectively concluding the appellate review without altering the underlying trial court ruling.
Litigation Takeaway
“Texas Rule of Appellate Procedure 42.1(a)(1) provides a reliable "off-ramp" for litigants to voluntarily terminate an accelerated appeal—frequently used in custody or parental termination cases—as long as the motion is filed before the court issues an opinion, making it an essential tool for parties who reach a settlement or pivot strategy mid-appeal.”
Budko v. Mukhar
COA01 — February 19, 2026
After initiating an appeal, Appellant Angelina Budko requested a period of abatement to pursue mediation. Following the abatement, and before the appellate court issued an opinion on the merits, Budko filed an unopposed motion for voluntary dismissal. The First Court of Appeals analyzed the request under Texas Rule of Appellate Procedure 42.1(a)(1), which allows for dismissal upon an appellant's motion if no other party has filed a notice of appeal. The court held that because the procedural requirements were met and no opinion had been rendered, the appeal would be reinstated and dismissed.
Litigation Takeaway
“Utilize the 'abatement for mediation' strategy as a strategic off-ramp in appellate litigation. By securing an abatement and subsequent voluntary dismissal under TRAP 42.1(a)(1) before an opinion is issued, practitioners can finalize settlements reached in mediation while avoiding the risk of an adverse appellate ruling or unfavorable precedent.”