April Manor Senior Residences, L.P. v. April Sound Property Owners Ass’n, No. 09-02-471CV, 2003 WL 1388998 (Tex. App.—Beaumont Mar. 20, 2003, no pet.). (Joint Motion to Dismiss an Appeal)
An appeal will be dismissed when all appellants voluntarily file a joint motion to dismiss the appeal through their attorneys of record prior to any decision of the appellate court.
Avni-Kaminetzky v. Mission Bend No. 5 Home Ass’n, No. 01-01-01154-CV, 01-01-01154-CV, 2004 WL 440403 (Tex. App.—Houston [1st Dist.] Mar. 11, 2004, no pet.). (Final Judgment)
A judgment that does not individually address each issue, but merely states that “all relief requested is denied” is deemed to dispose of all parties and cases for the purpose of appeal.
Don Schneider Trucking Co., Inc. v. Priority Real Estate Servs., LLC, No. 09-08-195 CV, 2008 WL 2759400 (Tex. App.—Beaumont July 17, 2008, no pet.) (mem. op.). (Motion to Dismiss)
When an appellant files a motion to dismiss the appeal voluntarily and before any judgment is rendered by the court, the motion will be granted and the appeal will be dismissed.
Paulsen v. Yarrell, 455 S.W.3d 192, 193 (Tex. App.—Houston [1st Dist.] 2014) (TCPA; Anti-SLAPP)
Because Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(12) permits an appeal only from an order that denies a motion to dismiss filed under Tex. Civ. Prac. & Rem. Code Ann. § 27.003, the professor's interlocutory appeal from the denial of attorney fees was not authorized by statute.
Seals v. MASC Austin Props., Inc., No. 14-03-00223-CV, 2003 WL 1738979 (Tex. App.—Houston [14th Dist.] Apr. 3, 2003, no pet.). (Dismissal for Want of Prosecution)
A case will be dismissed for want of prosecution when appellant has not provided the court with a clerk's record more than two months after it was due.
Sikes v. Afton Oaks Civic Club, Inc., No. 01-05-00382-CV, 2005 WL 1606908 (Tex. App.—Houston [1st Dist.] July 7, 2005, no pet.) (mem. op.). (Indigence; Fees)
When an appellant neither establishes indigence nor pays the required fees, the case will be dismissed for nonpayment and all pending motions will be denied.
Sutterley v. Texas Dept. of Criminal Justice—State Jail Div., No. 14-06-00934-CV, 2007 WL 853804 (Tex. App.—Houston [14th Dist.] Mar. 22, 2007, no pet.) (mem. op.) (per curium). (In Forma Pauperis)
Even when a party proceeded as a pauper in the trial court, a new affidavit of indigence must be filed after judgment for the purpose of appeal. Failure to file the affidavit will result in an order to pay the required fees and noncompliance with this order will result in dismissal.
Sw. Invs. Diversified, Inc. v. Estate of Mieszkuc, 171 S.W.3d 461 (Tex. App.—Houston [14th Dist.] 2005, no pet.). (Waiver of the Right to Appeal; Appellate Jurisdiction)
Failure to object to the improper use of a motion for summary judgment at trial constitutes waiver of the appeal. Interlocutory appeal of an order that does not dispose of all parties and cannot be heard for lack of jurisdiction.
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