What happens when you file a motion to dismiss an appeal in Texas?
This question has been addressed in 8 Texas court opinions:
In the Matter of the Marriage of Laura Haygood and Kenneth Haygood
COA12 — February 18, 2026
In In the Matter of the Marriage of Haygood, Kenneth Donald Haygood appealed a final divorce judgment but subsequently filed an unopposed motion to voluntarily dismiss the case. The Twelfth Court of Appeals evaluated the motion under Texas Rule of Appellate Procedure 42.1(a), which permits the dismissal of a civil appeal if the appellant no longer desires to pursue it and no other party is seeking affirmative relief. Finding the motion procedurally sound and unopposed, the court granted the dismissal and ordered that all appellate costs be taxed against the appellant.
Litigation Takeaway
“Filing an appeal does not mean you are locked into the process; Texas Rule of Appellate Procedure 42.1 provides a procedural exit ramp to dismiss an appeal voluntarily—often following a settlement—though the moving party should expect to be responsible for the accrued court costs.”
Dominguez v. Dominguez
COA11 — February 12, 2026
After initiating an appeal of his divorce decree, the appellant ceased all communication with his attorney and failed to comply with mandatory administrative requirements, including paying filing fees and submitting a docketing statement. The Eleventh Court of Appeals analyzed the case under Texas Rules of Appellate Procedure 5, 42.1, and 42.3, noting that the appellant had been given multiple opportunities to cure these deficiencies. The court held that the attorney's inability to reach the client, combined with the appellant's procedural neglect, justified the dismissal of the appeal.
Litigation Takeaway
“Maintaining active communication with your legal team is essential; if a client disappears or fails to pay required appellate fees, the court will dismiss the appeal for want of prosecution, regardless of the underlying merits of the case.”
Rangel, Jr. v. Rangel
COA04 — February 18, 2026
In Rangel v. Rangel, David Rangel, Jr. appealed a ruling from the 224th Judicial District Court but later filed a motion to voluntarily dismiss the appeal, asserting that the legal dispute had become moot. The Fourth Court of Appeals analyzed the request under Texas Rule of Appellate Procedure 42.1(a)(1), which permits dismissal upon an appellant's motion provided it does not prejudice the appellee's right to seek their own relief. Because the appellee, Charlene Rangel, did not oppose the motion or assert any independent claims, the court granted the request and dismissed the appeal.
Litigation Takeaway
“A voluntary dismissal is a strategic exit ramp to end litigation costs following a settlement or change in circumstances, but appellees must act quickly to file a response if they have a pending cross-appeal they wish to preserve.”
In the Matter of B.S., a Child
COA14 — February 24, 2026
In *In the Matter of B.S.*, a juvenile appellant challenged a trial court order transferring them from the juvenile system to the Texas Department of Criminal Justice. During the pendency of the appeal, the appellant filed an unopposed motion to voluntarily dismiss the case. The Fourteenth Court of Appeals analyzed the motion under Texas Rule of Appellate Procedure 42.1(a), which allows for the voluntary dismissal of an appeal upon the appellant's request, provided no other party seeks affirmative relief. The court granted the motion and dismissed the appeal, leaving the trial court's original transfer order in effect without a review of the substantive merits.
Litigation Takeaway
“Texas Rule of Appellate Procedure 42.1(a) provides a strategic 'off-ramp' for litigants to voluntarily dismiss an appeal, which is a critical tool for finalizing settlements or avoiding unfavorable appellate precedents.”
GUARDIANSHIP OF ANGIE COOPER
COA14 — January 27, 2026
In Guardianship of Angie Cooper, the appellant attempted to challenge a trial court's order but filed the notice of appeal 110 days after the judgment was signed. Because the appellant did not file any post-judgment motions, such as a motion for new trial, the law required the appeal to be filed within 30 days. The Fourteenth Court of Appeals analyzed the strict jurisdictional requirements of Texas Rules of Appellate Procedure 26.1 and 26.3, noting that even with the 'implied' 15-day grace period, the filing was months late. The court held that timely filing is a jurisdictional prerequisite and dismissed the appeal for want of jurisdiction.
Litigation Takeaway
“Appellate deadlines in Texas are a 'jurisdictional cliff.' If you miss the 30-day window (or the final 45-day Verburgt grace period) to file your notice of appeal, the appellate court loses the power to hear your case entirely, regardless of the merits. Always calendar deadlines from the date of the judge's signature and use post-judgment motions strategically to extend your time to 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.”
In Re A.B., Relator
COA01 — February 19, 2026
In this suit to modify the parent-child relationship (SAPCR), the Relator filed a petition for writ of mandamus seeking to vacate or modify the trial court's temporary orders. The First Court of Appeals abated the proceeding to allow the parties to attend mediation. After reaching a full settlement, the Relator filed an unopposed motion to dismiss the petition. The court analyzed the case under the doctrine of mootness, determining that because the parties had resolved their underlying dispute, there was no longer a justiciable controversy for the court to decide. The court granted the motion, reinstated the case from abatement, and dismissed the petition for writ of mandamus.
Litigation Takeaway
“A mandamus petition is a powerful strategic tool in family law that can provide the leverage necessary to settle a case. When an appellate court abates a mandamus proceeding for mediation, practitioners should treat the pending petition as a catalyst for negotiation. If a settlement is reached, counsel must promptly file an unopposed motion to dismiss the appellate proceeding to clear the docket and finalize the resolution.”
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.”