What did the court decide?

The court dismissed both the appeal and cross-appeal after the parties jointly asked for dismissal and agreed on who would pay the costs.

Does this ruling decide who was right on the underlying dispute?

No. The dismissal resolves the appeals procedurally and does not decide the merits of the underlying case.

Who pays the appellate costs?

The parties agreed that each will pay the costs they incurred, and the court accepted that agreement.

Can either party reopen the appeal?

Not from this dismissal; a dismissal by joint motion ends the appeal. Parties may pursue other procedural options only as allowed by the rules and within any applicable deadlines.

John Dickerson// Atlas Sand Company, LLC v. Atlas Sand Company, LLC// Cross-Appellee, John Dickerson

Docket 03-25-00923-CV

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

CivilDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 3rd District (Austin)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 03-25-00923-CV

Appeal and cross-appeal from the 201st District Court of Travis County (cause no. D-1-GN-24-002380).

Summary

The Texas Third Court of Appeals dismissed both the appeal and cross-appeal in a dispute between John Dickerson and Atlas Sand Company, LLC after the parties jointly moved to dismiss. The parties agreed each would bear their own appellate costs as permitted by the Texas Rules of Appellate Procedure. The court granted the joint motion and dismissed the appeals without reaching the merits of the underlying dispute.

Issues Decided

Whether the appellate court should grant a joint motion to dismiss an appeal and cross-appeal under the Texas Rules of Appellate Procedure.
Which party is responsible for appellate costs when the parties agree in a joint dismissal motion.

Court's Reasoning

The court granted the joint motion to dismiss because both parties jointly requested dismissal and agreed on allocation of costs, which the Rules of Appellate Procedure allow. The court relied on the procedural rules that authorize dismissal on joint motion and permit parties to allocate costs by agreement, so no substantive issues were decided.

Authorities Cited

Texas Rules of Appellate ProcedureR. 42.1(a), 42.1(d), 43.2(f)

Parties

Appellant: John Dickerson
Cross-Appellant: Atlas Sand Company, LLC
Appellee: Atlas Sand Company, LLC
Cross-Appellee: John Dickerson
Judge: Maya Guerra Gamble
Judge: Maggie Ellis

Key Dates

Decision filed: 2026-04-23

What You Should Do Next

1
Confer with opposing party about remaining matters
If there are outstanding trial-court issues or settlements to finalize, coordinate with opposing counsel to document and implement any agreements.
2
Confirm allocation and payment of costs
Each party should ensure they pay the appellate costs they agreed to and obtain receipts or orders reflecting payment.
3
Consult trial-court counsel if further relief is needed
If a party seeks to reopen proceedings or pursue other post-judgment relief, they should consult counsel promptly to evaluate available options and deadlines.

Frequently Asked Questions

What did the court decide?: The court dismissed both the appeal and cross-appeal after the parties jointly asked for dismissal and agreed on who would pay the costs.
Does this ruling decide who was right on the underlying dispute?: No. The dismissal resolves the appeals procedurally and does not decide the merits of the underlying case.
Who pays the appellate costs?: The parties agreed that each will pay the costs they incurred, and the court accepted that agreement.
Can either party reopen the appeal?: Not from this dismissal; a dismissal by joint motion ends the appeal. Parties may pursue other procedural options only as allowed by the rules and within any applicable deadlines.

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. 03-25-00923-CV


          Appellant, John Dickerson// Cross-Appellant, Atlas Sand Company, LLC

                                                v.

           Appellee, Atlas Sand Company, LLC// Cross-Appellee, John Dickerson


              FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-24-002380, THE HONORABLE MAYA GUERRA GAMBLE, JUDGE PRESIDING



                            MEMORANDUM OPINION


               Appellant/Cross-Appellee John Dickerson and Appellee/Cross-Appellant Atlas

Sand Company, LLC have filed a joint motion to dismiss this appeal and cross-appeal. The

parties have agreed that the costs of the appeal will be paid by the party incurring the costs. See

Tex. R. App. P. 42.1(d). We grant the motion and dismiss the appeal and cross-appeal. See id.

R. 42.1(a), 43.2(f).



                                             __________________________________________
                                             Maggie Ellis, Justice

Before Justices Triana, Kelly, and Ellis

Dismissed on Joint Motion

Filed: April 23, 2026