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Manuel J. Garcia, Mary Adela Garcia, Alson Charles Garcia, Dorothy Frances Garcia and Manuel Garcia v. Lower Neches Valley Authority

Docket 09-25-00415-CV

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

CivilDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 9th District (Beaumont)
Type
Lead Opinion
Case type
Civil
Disposition
Dismissed
Docket
09-25-00415-CV

Appeal from the County Court at Law No. 1 in Jefferson County (trial cause No. 25CCCV0301).

Summary

The court dismissed a pending civil appeal after the parties jointly moved to dismiss under the Texas Rules of Appellate Procedure. The appeal arose from the County Court at Law No. 1 in Jefferson County (trial cause No. 25CCCV0301). Because the joint motion was filed before the court issued a decision, the Court of Appeals granted the motion and dismissed the appeal. The opinion is a brief memorandum disposing of the case without further analysis.

Issue Decided

  • Whether a joint motion to dismiss the appeal should be granted when filed before the court issues a decision.

Court's Reasoning

The parties filed a joint motion to dismiss under Texas Rule of Appellate Procedure 42.1(a)(1) before an opinion was issued. The court applied the rule permitting dismissal on joint motion and concluded dismissal was appropriate, so it granted the motion and dismissed the appeal. No further substantive disposition of the underlying trial court judgment was made.

Authorities Cited

  • Texas Rules of Appellate ProcedureRule 42.1(a)(1)
  • Texas Rules of Appellate ProcedureRule 43.2(f)

Parties

Appellant
Manuel J. Garcia
Appellant
Mary Adela Garcia
Appellant
Alson Charles Garcia
Appellant
Dorothy Frances Garcia
Appellant
Manuel Garcia
Appellee
Lower Neches Valley Authority
Judge
Golemon, C.J.
Judge
Johnson, J.
Judge
Wright, J.

Key Dates

Submitted
2026-04-15
Opinion Delivered
2026-04-16

What You Should Do Next

  1. 1

    Confirm trial-court judgment status

    Check the trial-court record and docket to determine whether the underlying judgment remains final and whether any obligations or deadlines flow from it.

  2. 2

    Consult counsel about post-judgment options

    If a party wants to challenge the trial judgment further, consult an attorney about motions for new trial, reconsideration, or other available relief in the trial court.

  3. 3

    Document dismissal for the record

    File or obtain a copy of the appellate dismissal to include in the client file and to provide to any interested third parties or agencies that may require proof the appeal is concluded.

Frequently Asked Questions

What did the court decide?
The Court of Appeals granted the parties' joint motion and dismissed the appeal.
Who is affected by this dismissal?
The appellants (the Garcias) and the appellee (Lower Neches Valley Authority) are affected because the pending appellate review was terminated.
Does this change the trial court's judgment?
No substantive change is stated in the memorandum; dismissal of the appeal ends appellate review, leaving the trial court's judgment in effect unless the parties take further action.
Can this dismissal be appealed further?
A dismissal by joint motion generally ends the appeal, and there is typically no further appellate relief from a voluntary dismissal, though a party could seek other post-judgment remedies in the trial court if appropriate.

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
In The

                              Court of Appeals

                   Ninth District of Texas at Beaumont

                             __________________

                             NO. 09-25-00415-CV
                             __________________


          MANUEL J. GARCIA, MARY ADELA GARCIA,
      ALSON CHARLES GARCIA, DOROTHY FRANCES GARCIA
               AND MANUEL GARCIA, Appellants

                                       V.

            LOWER NECHES VALLEY AUTHORITY, Appellee

__________________________________________________________________

             On Appeal from the County Court at Law No. 1
                        Jefferson County, Texas
                    Trial Cause No. 25CCCV0301
__________________________________________________________________

                         MEMORANDUM OPINION

      Manuel J. Garcia, Mary Adela Garcia, Alson Charles Garcia, Dorothy Frances

Garcia and Manuel Garcia, Appellants, and Lower Neches Valley Authority,

Appellee, filed a Joint Motion to Dismiss Appeal. See Tex. R. App. P. 42.1(a)(1).




                                       1
The parties filed the motion before the appellate court issued a decision in the appeal.

We grant the motion and dismiss the appeal. See id. 43.2(f).

      APPEAL DISMISSED.

                                                            PER CURIAM

Submitted on April 15, 2026
Opinion Delivered April 16, 2026

Before Golemon, C.J., Johnson and Wright, JJ.




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