TX · rules

Tex. R. App. P. 42.1

Voluntary Dismissal and Settlement in Civil

activein force · 2026-02-06 – presentact-effective-date

Cases

(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 such

disposition would prevent a party from

seeking relief to which it would

otherwise 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' agreement;

(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 agreement;

proceedings in the trial court to

effectuate the agreement.

(b) Partial Disposition. A severable portion of

the proceeding may be disposed of under (a)

if it will not prejudice the remaining parties.

proceeding, the appellate court will

determine whether to withdraw any opinion

it has already issued. An agreement or motion

for dismissal cannot be conditioned on

withdrawal of the opinion.

(d) Costs. Absent agreement of the parties, the

court will tax costs against the appellant.

History

Notes and Comments Comment to 1997 change: Former Rules 59 and 60 are merged. Paragraph 42.1(c), allowing a court of appeals to withdraw its opinion, is new. Provision is made in paragraph 42.3(c) for dismissal of an appeal for failure to comply with a notice from the clerk. Other changes are made. Comment to 2002 change: Rule 42.1 is amended to clarify the procedures for implementing settlements on appeal and to expressly give courts flexibility in effectuating settlements. The rule is also clarified to expressly permit the dismissal of an appeal without dismissal of the action itself. The rule does not permit an appellate court to order a new tr ial merely on the agreement of the parties absent reversible error, or to vacate a trial court's judgment absent reversible error or a settlement.

Provenance

Source: txcourts.gov
Retrieved: 2026-09-15
Edition: 2026-09-14
Content hash: a48f54b63492477e0952ea87018747975bf9ba1e1d0e895f3cfb2722792eb44f

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