Grant Allen Nelson v. Mallary Lauren Nelson

Summary

The First District Court of Appeals of Texas granted Grant Allen Nelson's unopposed motion to dismiss his appeal from a final divorce decree. Because no other party had appealed and no opinion had issued, the court dismissed the appeal under Texas Rule of Appellate Procedure 42.1(a)(1) and dismissed other pending motions as moot.

Holdings

1. The court may grant an appellant's unopposed motion to dismiss the appeal when the conditions of Texas Rule of Appellate Procedure 42.1(a)(1) are satisfied; the court therefore dismissed the appeal.

Questions Presented

1. Whether the court should dismiss the appeal upon the appellant's unopposed motion when no other party filed a notice of appeal and no opinion had issued.

Disposition

dismissed