Memorandum Opinion Per Curiam, 01-25-00381-CV, February 19, 2026.
On appeal from the 461st District Court of Brazoria County.
Synopsis
The First Court of Appeals granted an unopposed motion for voluntary dismissal following a period of abatement for mediation. Under Texas Rule of Appellate Procedure 42.1(a)(1), the court reinstated the appeal and dismissed it without an opinion on the merits, as no decision had yet been rendered.
Relevance to Family Law
In high-stakes divorce or SAPCR litigation, the appellate process is frequently leveraged to gain strategic advantage in settlement negotiations. This case illustrates the procedural "off-ramp" available to practitioners who successfully resolve their disputes through mediation while an appeal is pending. By utilizing an abatement for mediation and subsequent voluntary dismissal under TRAP 42.1(a)(1), family law litigators can maintain control over the finality of their clients' domestic relations orders and avoid the risk of an adverse appellate opinion that could create unfavorable precedent or disrupt a hard-won settlement.
Case Summary
Fact Summary
Appellant Angelina Budko initiated an appeal from the 461st District Court of Brazoria County. While the appeal was pending, the First Court of Appeals issued an order abating the proceedings to allow the parties to engage in mediation. Following the abatement period—and presumably a successful resolution of the underlying dispute—Appellant filed an unopposed motion for voluntary dismissal. At the time of this filing, the appellate court had not yet issued an opinion on the merits of the case.
Issues Decided
The court considered whether an appellant is entitled to the reinstatement and voluntary dismissal of an appeal that had been abated for mediation when the request is unopposed and the court has not yet issued an opinion.
Rules Applied
The court applied Texas Rule of Appellate Procedure 42.1(a)(1), which governs the voluntary dismissal of civil cases. This rule provides that an appellate court may dismiss an appeal in accordance with a motion by the appellant, provided that no other party has filed a notice of appeal and the motion is either agreed upon by the parties or unopposed. Additionally, the court utilized its inherent authority to reinstate a case from an abated status to facilitate its final disposition.
Application
The court’s application of the law was procedural in nature. Because the appellant filed a motion for voluntary dismissal that met the criteria of TRAP 42.1(a)(1)—specifically, that it was unopposed and submitted prior to the issuance of any judicial opinion—the court found no impediment to granting the request. The narrative of the case demonstrates a clean transition from an active appellate dispute to an abated mediation phase, followed by a formal withdrawal of the appeal. By reinstating the case from its abated state, the court cleared the procedural hurdle necessary to enter a final order of dismissal, thereby rendering all other pending motions moot and concluding the litigation.
Holding
The court held that the appellant’s unopposed motion for voluntary dismissal should be granted pursuant to the Texas Rules of Appellate Procedure. The court found that because the requirements of Rule 42.1(a)(1) were satisfied, the appeal could be properly dismissed without further inquiry into the merits. In a separate but related holding, the court determined that the appeal must be reinstated from its abated status to effectuate the dismissal. Furthermore, the court held that the dismissal of the appeal rendered any other outstanding motions in the case moot.
Practical Application
For the family law practitioner, this case reinforces the utility of the "abatement for mediation" strategy. When a case is in the appellate pipeline, counsel should consider moving for abatement to pursue mediation, as it preserves the status quo while allowing parties to settle. This opinion confirms that the First Court of Appeals will respect a post-mediation request to dismiss, allowing the parties to exit the system with their settlement intact, provided they move for dismissal before the court invests resources in an opinion.
Checklists
Procedural Steps for Post-Mediation Dismissal
- Confirm that no other party has filed a notice of appeal that would require their independent consent for a total dismissal.
- Verify with the Clerk of the Court that no opinion has been signed or issued.
- Draft an "Unopposed Motion for Voluntary Dismissal" specifically citing TRAP 42.1(a)(1).
- Explicitly request that the court "reinstate" the appeal from any previous abatement orders for the purpose of dismissal.
- Ensure the motion addresses the assessment of costs (usually requesting they be taxed against the party incurring them, or as agreed).
Strategizing the Appellate "Off-Ramp"
- Evaluate the benefits of abatement versus a stay; abatement is often preferred when the parties are actively negotiating a settlement.
- Use the abatement period to finalize and execute the Mediated Settlement Agreement (MSA) and any necessary trial court orders.
- Monitor the appellate calendar to ensure the motion for dismissal is filed well before the court’s submission date to prevent the accidental issuance of an opinion.
Citation
Budko v. Mukhar, No. 01-25-00381-CV, 2026 WL [TBD] (Tex. App.—Houston [1st Dist.] Feb. 17, 2026, no pet. h.) (mem. op.).
Full Opinion
Full Opinion Link ~~7b026aa6-4869-40f2-86e2-49e08741e858~~
