Motion Granted; Motion Denied; Appeal Dismissed and Memorandum
Opinion filed September 29, 2016.
In The
Fourteenth Court of Appeals
NO. 14-16-00668-CV
IN THE INTEREST OF J.J.R.P., A CHILD
On Appeal from the 309th District Court
Harris County, Texas
Trial Court Cause No. 2010-52276
MEMORANDUM OPINION
This is an appeal from a judgment signed April 20, 2016. On September 6,
2016, appellant, Briony Phillipa Pessell, filed a motion to “immediately dismiss
proceedings and send the case back to the trial court for the entry of judgment and
mandate.”
Texas Rule of Appellate Procedure 42.1(a) dictates the options available to a
court of appeals concerning voluntary dismissal of a civil appeal. That rule
provides in relevant part:
(a) On Motion or By Agreement. The appellate court may dispose of an
appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of
appellant, the court may dismiss the appeal or affirm the
appealed judgment or order unless disposition would prevent a
party from seeking relief to which it otherwise may be entitled.
(2) By agreement. In accordance with an agreement signed by the
parties or their attorneys and filed with the clerk, the court may:
(A) render judgment effectuating the parties’ agreements;
(B) set aside the trial court’s judgment without regard to the
merits and remand the case to the trial court for rendition
of judgment in accordance with the agreements; or
(C) abate the appeal and permit proceedings in the trial court
to effectuate the agreement.
Tex. R. App. P. 42.1(a).
We are not permitted to both dismiss the appeal and remand the case, which
appellant requests. We are limited to the actions authorized by Rule 42.1(a). Here,
because dismissal is sought by appellant’s motion, not by agreement of the parties,
our only options are to dismiss the appeal or affirm the judgment. Tex. R. App. P.
42.1(a)(1). Therefore, we GRANT the motion only to the extent it asks for
dismissal of the appeal. The appeal is DISMISSED on appellant’s motion.
Appellee’s motion to dismiss the appeal for lack of jurisdiction is DENIED
AS MOOT.
PER CURIAM
Panel consists of Justices Jamison, McCally, and Wise.
2
in the Interest of J.J.R.P., a Child
Combined Opinion