Opinion
04-24-00221-CV
09-11-2024
Aaron MULVEY, Appellant v. GRAYSON PONTIAC, INC., Appellees
From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI26931 Honorable Rosie Alvarado, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice.
On August 12, 2024 pro se appellant filed a "notice of nonsuit" stating he is "taking a non-suit without prejudice as to claims against Grayson Pontiac, Inc. only." Appellant's notice of nonsuit does not comply with Texas Rules of Appellate Procedure 42.1. Tex.R.App.P. 42.1. Specifically, Rule 42.1(a)(1) provides "[i]n 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." Tex.R.App.P. 42.1(a)(1). In the alternative, this court may "[i]n 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." Tex.R.App.P. 42.1(a)(2).
Accordingly, this "notice of nonsuit" is denied without prejudice to appellant filing a voluntary dismissal motion that complies with Texas Rules of Appellate Procedure 42.1. See Tex. R. App. 42.1(a)(1)-(2), 43.2(f).