Background
Justis Ray Guynes was placed on community supervision for third-degree felony possession of a controlled substance in violation of Texas Health & Safety Code § 481.115(c). The trial court in Scurry County (132nd District Court) subsequently revoked his community supervision, and Guynes filed an appeal with the Eleventh Court of Appeals.
After the appeal was docketed, Guynes filed an unopposed motion to dismiss the appeal. The motion was signed by Guynes and his attorney in compliance with Texas Rules of Appellate Procedure Rule 42.2(a).
The Court’s Holding
The appellate court granted Guynes’s unopposed motion to dismiss. Finding that the motion complied with the required procedural rules, the court dismissed the appeal entirely. Because the State of Texas filed no opposition to the motion, the court had no contested issue to resolve and proceeded directly to dismissal.
The opinion is designated as not for publication under Texas Rules of Appellate Procedure Rule 47.2(b), indicating it establishes no new precedent and addresses only the procedural dismissal of this particular case.
Key Takeaways
- An appellant may dismiss an appeal by unopposed motion complying with Texas Rules of Appellate Procedure Rule 42.2(a).
- Dismissal of an appeal prevents appellate review of the trial court’s decision and leaves the judgment in place.
- Procedural compliance is required even when all parties agree to dismiss.
Why It Matters
This decision underscores the procedural mechanisms available to appellants and the State to resolve disputes at the appellate level without full briefing and argument. Parties may strategically use unopposed dismissal motions to avoid appellate review or settle matters after the appeal is filed.
For practitioners, the case illustrates that proper procedural form must be followed even in consensual dismissals, and that compliance with applicable appellate rules ensures the appellate court will grant the motion expeditiously.