TX · rules
Tex. R. App. P. 42.3
Involuntary Dismissal in Civil Cases
Under the following circumstances, on any party's
motion — or on its own initiative after giving ten days'
notice to all parties — the appellate court may dismiss
the appeal or affirm the appealed judgment or order.
Dismissal or affirmance may occur if the appeal is
subject to dismissal:
(a) for want of jurisdiction;
(b) for want of prosecution; or
(c) because the appellant has failed to comply
with a requirement of these rules, a court
order, or a notice from the clerk requiring a
response or other action within a specified
time.
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
2a9b284b8d4f892b3d3b4d302feb018fe31ebd9c326cffb9f7905a64ecb684d7
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