What is the litigation takeaway from In the Matter of the Marriage of Laura Haygood and Kenneth Haygood?

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.

What is the summary of In the Matter of the Marriage of Laura Haygood and Kenneth Haygood?

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.

What is the legal mechanism for an appellant to voluntarily dismiss a civil appeal in a Texas Court of Appeals?

In 'In the Matter of the Marriage of Laura Haygood and Kenneth Haygood' (No. 12-25-00325-CV), the appellant invoked Rule 42.1(a) of the Texas Rules of Appellate Procedure to voluntarily dismiss the appeal. This rule allows the court to dismiss an appeal upon the motion of the appellant if no other party seeks affirmative relief.

What was the Twelfth Court of Appeals' holding regarding the appellant's motion to dismiss in Case No. 12-25-00325-CV?

The Twelfth Court of Appeals held that when an appellant no longer desires to pursue an appeal and files an unopposed motion to dismiss, the court may grant the motion and dismiss the appeal without reaching the merits. Under TEX. R. APP. P. 42.1(a), such a dismissal concludes the appellate court's jurisdiction over the matter.

How are appellate costs allocated when an appeal is dismissed on the appellant's motion in Texas?

In the 'Marriage of Haygood' opinion, the court ordered that all costs of the appeal be taxed against the appellant, Kenneth Donald Haygood. This is a standard application of the court's discretion when an appellant requests dismissal and assumes responsibility for the costs as part of the motion.

What type of opinion does a Texas appellate court issue when granting a voluntary motion to dismiss?

The Twelfth Court of Appeals issued a 'Memorandum Opinion' per curiam. Under Texas appellate practice, a memorandum opinion is typically used when the issues are settled or, as in the 'Haygood' case, when a procedural motion like a voluntary dismissal under Rule 42.1(a) disposes of the appeal.

What was the procedural context of the 'In re Marriage of Haygood' appeal?

The case involved a waiver of appellate rights through the voluntary withdrawal of the appeal. Unlike a restricted appeal or a plea to the jurisdiction, this procedural context focuses on the appellant's unilateral decision to cease litigation, resulting in the certification of the dismissal to the Smith County County Court at Law No. 2.

Where is the appellate court's decision certified following the dismissal of a Smith County divorce appeal?

The dismissal was certified to the County Court at Law No. 2 of Smith County, Texas (Tr.Ct.No. 22-2720-D/F). This certification ensures the trial court is formally notified that the appellate stay or review has concluded and the appellate judgment is to be observed.

In the Matter of the Marriage of Laura Haygood and Kenneth Haygood

Memorandum Opinion Per Curiam, 12-25-00325-CV, February 18, 2026.

On appeal from the County Court at Law No. 2 of Smith County, Texas.

Synopsis

The Twelfth Court of Appeals granted an appellant’s unopposed motion to dismiss a pending divorce appeal pursuant to Texas Rule of Appellate Procedure 42.1(a). The court dismissed the appeal in its entirety and ordered that all costs associated with the appellate proceedings be taxed against the appellant.

Relevance to Family Law

In the context of high-stakes divorce and property litigation, the decision to pursue an appeal is often fluid, influenced by post-judgment negotiations or shifting financial priorities. This case highlights the procedural mechanism of Rule 42.1, which serves as a vital "exit ramp" for practitioners. Whether an appeal is initiated to preserve leverage during mediation or to challenge a specific characterization of assets, counsel must be prepared to efficiently terminate the proceedings when a settlement is reached or when the client determines the cost-benefit analysis no longer favors litigation. This opinion reinforces that the appellate court will generally honor a party’s strategic decision to abandon an appeal, provided the motion is procedurally sound and addresses the allocation of costs.

Case Summary

Fact Summary

Appellant Kenneth Donald Haygood sought appellate review of a judgment rendered in a divorce proceeding involving Appellee Laura Haygood in Smith County. While the appeal was active, Kenneth Haygood filed a voluntary, unopposed motion to dismiss the case. The motion stated that he no longer desired to pursue the appeal. The record does not indicate a complex settlement agreement requiring the court to set aside the trial court's judgment; rather, it was a straightforward request for dismissal of the appellate cause.

Issues Decided

The court considered whether an appellant may voluntarily dismiss a pending civil appeal by filing an unopposed motion and how the costs of the appeal should be allocated upon such dismissal.

Rules Applied

The court applied Texas Rule of Appellate Procedure 42.1(a), which governs the voluntary dismissal of civil cases. Under this rule, an appellate court may dismiss an appeal upon motion of the appellant if no other party has filed a notice of appeal and seeks affirmative relief. Additionally, the court applied the standard practice of taxing costs against the moving party when a dismissal is granted upon the appellant’s request.

Application

The court’s analysis was a straightforward application of the Texas Rules of Appellate Procedure to a voluntary motion. Because the motion was unopposed, the court encountered no adversarial obstacles to granting the request. The narrative of the case concluded quickly: the appellant exercised his right to cease litigation, and the court, finding the motion compliant with Rule 42.1(a), moved to finalize the termination of the appeal. By taxing costs against the appellant, the court ensured that the financial obligations incurred during the pendency of the appeal were settled according to the appellant's own request and standard appellate practice.

Holding

The Twelfth Court of Appeals granted the appellant’s motion and dismissed the appeal. The court held that under Rule 42.1(a), an appellant’s stated desire to abandon an appeal is sufficient grounds for dismissal when the motion is unopposed.

In a separate but related holding, the court ordered that all costs of the appeal be taxed against the appellant, Kenneth Donald Haygood. This reflects the court's authority to assign the economic burden of the appellate record and filing fees to the party who initiated the process and subsequently moved for its termination.

Practical Application

For family law litigators, the voluntary dismissal is a tactical tool often used following a successful post-judgment mediation or an informal settlement. When drafting these motions, it is imperative to secure "unopposed" status from the appellee’s counsel to ensure a per curiam dismissal without the need for further briefing or argument. Furthermore, practitioners must advise their clients that dismissing an appeal does not usually recoup the costs already expended on the clerk’s and reporter’s records; indeed, the court will formally tax those costs against the appellant unless a different arrangement is stipulated in a joint motion.

Checklists

Executing a Voluntary Dismissal

Confirm with the client in writing that they understand the dismissal is final and precludes further review of the trial court's judgment.
Confer with opposing counsel to ensure the motion is unopposed.
Draft the motion to specifically cite Texas Rule of Appellate Procedure 42.1(a).
State clearly in the motion how the costs of the appeal should be taxed (typically against the appellant, unless otherwise agreed).
Verify whether a settlement agreement requires the appellate court to set aside the trial court’s judgment or remand for the entry of an agreed order, as this requires a different motion under Rule 42.1(a)(2).

Avoiding Unnecessary Appellate Costs

Evaluate the merits of the appeal early to avoid incurring significant court reporter fees for a record that may never be fully utilized.
If a settlement is imminent, request an extension of time to file the record or brief to avoid the expenditure of further legal fees while negotiations are pending.
Include the allocation of appellate costs as a specific term in any Mediated Settlement Agreement (MSA).

Citation

In the Matter of the Marriage of Haygood, No. 12-25-00325-CV, 2026 WL ______ (Tex. App.—Tyler Feb. 18, 2026, no pet.) (mem. op.).

Full Opinion

View the Full Opinion Here

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