What did the court decide?

The appeals court dismissed the appeal after the appellant filed an unopposed motion to dismiss; the court did not rule on the merits of the underlying case.

Who is affected by this dismissal?

The dismissal affects the appellant (Dale Cole) and the appellee (Discover Bank) by ending the appellate proceedings in this court.

What happens to the lower court judgment?

Because the appellate court dismissed the appeal procedurally, the underlying judgment from the county court remains in effect unless the parties take other legal steps.

Can this dismissal be appealed further?

Generally, a dismissal of an appeal by the appellate court is final in that court; further review might be sought only under limited circumstances such as a motion for rehearing or petition for review to the Texas Supreme Court if eligible.

Dale Cole v. Discover Bank

Docket 03-26-00250-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 03-26-00250-CV

Appeal from the County Court at Law No. 2 of Travis County (case no. C-1-CV-21-004541) dismissed on appellant's unopposed motion.

Summary

The Texas Court of Appeals (Third District) dismissed an appeal brought by Dale Cole against Discover Bank after Cole filed an unopposed motion to dismiss. The court granted the motion under the Texas Rules of Appellate Procedure and entered an order dismissing the appeal. No substantive ruling on the underlying merits was made; the dismissal was procedural and based solely on the appellant's request.

Issue Decided

Whether to grant an appellant's unopposed motion to dismiss an appeal under the Texas Rules of Appellate Procedure

Court's Reasoning

The court relied on the appellant's filing of an unopposed motion to dismiss and the authority of the appellate rules that permit dismissal on such a motion. Because the appellee did not oppose the motion and the request complied with the rules, the court had no need to reach or resolve the merits of the underlying dispute. The procedural posture and rule-based authority thus supported dismissal.

Authorities Cited

Texas Rules of Appellate ProcedureTex. R. App. P. 42.1(a)

Parties

Appellant: Dale Cole
Appellee: Discover Bank
Judge: Eric Shepperd
Judge: Chari L. Kelly

Key Dates

Court decision date: 2026-04-16

What You Should Do Next

1
Confirm status of lower-court judgment
Check the county court docket to verify whether the underlying judgment remains active and whether any enforcement or post-judgment deadlines apply.
2
Consider motion for rehearing if appropriate
If the appellant believes dismissal was improper, consult counsel about filing a motion for rehearing in the appellate court promptly under the rules.
3
Evaluate further review options
If a party seeks additional review, consult an attorney about whether a petition for review to the Texas Supreme Court is available and timely.

Frequently Asked Questions

What did the court decide?: The appeals court dismissed the appeal after the appellant filed an unopposed motion to dismiss; the court did not rule on the merits of the underlying case.
Who is affected by this dismissal?: The dismissal affects the appellant (Dale Cole) and the appellee (Discover Bank) by ending the appellate proceedings in this court.
What happens to the lower court judgment?: Because the appellate court dismissed the appeal procedurally, the underlying judgment from the county court remains in effect unless the parties take other legal steps.
Can this dismissal be appealed further?: Generally, a dismissal of an appeal by the appellate court is final in that court; further review might be sought only under limited circumstances such as a motion for rehearing or petition for review to the Texas Supreme Court if eligible.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



                                      NO. 03-26-00250-CV


                                      Dale Cole, Appellant

                                               v.

                                    Discover Bank, Appellee


            FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
      NO. C-1-CV-21-004541, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING



                            MEMORANDUM OPINION


               Appellant has filed an unopposed motion to dismiss this appeal.   We grant

Appellant’s request and dismiss the appeal. See Tex. R. App. P. 42.1(a).



                                            __________________________________________
                                            Chari L. Kelly, Justice

Before Justices Triana, Kelly, and Ellis

Dismissed on Appellant’s Motion

Filed: April 16, 2026