Kailyn Andrews v. Nicholas Denbrock

Summary

The Texas Court of Appeals for the Seventh District dismissed Kailyn Andrews’s appeal from a final protective order after granting her motion for voluntary dismissal. The court held that the motion complied with Texas Rule of Appellate Procedure 42.1(a)(1) and that dismissal would not impair any party’s ability to seek otherwise available relief.

Holdings

1. The court granted the appellant's motion for voluntary dismissal because it complied with Texas Rule of Appellate Procedure 42.1(a)(1), no decision had been delivered, and dismissal would not prevent any party from seeking otherwise available relief.
2. The appeal could not be dismissed without prejudice because Texas Rule of Appellate Procedure 42.1 does not permit that form of dismissal.

Questions Presented

1. Whether the appellant's motion for voluntary dismissal complied with Texas Rule of Appellate Procedure 42.1(a)(1) and should be granted.
2. Whether the appeal could be dismissed without prejudice as requested by the appellant.

Disposition

dismissed