Reuben R. Beckmann v. Eileen M. Beckmann

Summary

The Texas Court of Appeals for the Third District granted in part Reuben R. Beckmann’s motion to dismiss his appeal because Eileen M. Beckmann had not sought affirmative relief. The court denied the request to assess appellate costs against the party incurring them and denied the motion to expedite the ruling.

Holdings

1. Under Texas Rule of Appellate Procedure 42.1(a), the court may dismiss a civil appeal on appellant's motion without the appellee's agreement when dismissal would not prevent the appellee from seeking relief to which it would otherwise be entitled; because appellee had not sought affirmative relief, dismissal was permissible.
2. Absent an agreement of the parties, appellate costs are taxed against the appellant.
3. The request to expedite the ruling was denied because the circumstances did not establish a basis for departing from the ordinary timing rule for motions.

Questions Presented

1. Whether the court could dismiss the appeal on appellant's motion without the appellee's agreement when appellee had not sought affirmative relief.
2. Whether appellate costs should be assessed against the party that incurred them rather than against appellant absent an agreement.
3. Whether the court should expedite its ruling on the motion to dismiss.

Disposition

dismissed