What does this decision mean?

The appellate court dismissed the appeal at the appellant's request, so the appeal is over and the trial court's final divorce decree stands unchanged by this court.

Who is affected by the dismissal?

The parties to the divorce, Grant Allen Nelson and Mallary Lauren Nelson, are affected; the trial-court decree remains the controlling order unless challenged again through some other permitted post-judgment procedure.

What happens next procedurally?

Because the appeal was dismissed, there is no further action pending before this appellate court; a party seeking relief would need to pursue any available post-judgment remedies in the trial court or file a new appeal within applicable deadlines if permitted.

Can this dismissal be appealed?

A dismissal of an appeal at the appellant's unopposed request is a final procedural disposition by the appellate court; further review would generally require a showing of jurisdictional or procedural grounds and is uncommon.

Grant Allen Nelson v. Mallary Lauren Nelson

Docket 01-25-00608-CV

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

FamilyDismissed

Filed: Apr 7, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Family
Disposition: Dismissed
Docket: 01-25-00608-CV

Appeal from the trial court's July 7, 2025 final divorce decree in Harris County (308th District Court), case no. 2024-20260.

Summary

The First Court of Appeals dismissed an appeal filed by Grant Allen Nelson from a final divorce decree entered July 7, 2025, after Nelson filed an unopposed motion stating he no longer wished to prosecute the appeal. Because no other party appealed and the motion complied with Texas appellate procedure, the court granted the motion, dismissed the appeal, and denied as moot any other pending motions. The decision is procedural and does not address the merits of the underlying divorce decree.

Issues Decided

Whether the appellant's unopposed motion to dismiss the appeal should be granted under Texas Rule of Appellate Procedure 42.1(a)(1).
Whether any other pending motions should be retained or dismissed as moot following dismissal of the appeal.

Court's Reasoning

The court relied on the appellant's unopposed written request to dismiss and the applicable Texas Rules of Appellate Procedure. Rule 42.1(a)(1) allows dismissal when an appellant files a motion to dismiss and no other party has appealed; Rule 43.2(f) supports dismissal procedures. Because the motion was unopposed and procedural prerequisites were met, the court had no need to reach the merits and dismissed the appeal and any remaining motions as moot.

Authorities Cited

Texas Rule of Appellate Procedure 42.1(a)(1)
Texas Rule of Appellate Procedure 43.2(f)

Parties

Appellant: Grant Allen Nelson
Appellee: Mallary Lauren Nelson
Judge: Per Curiam (Justices Gunn, Caughey, and Morgan)

Key Dates

Trial court final decree date: 2025-07-07
Notice of appeal filed by appellant
Motion to dismiss filed: 2026-01-14
Court of Appeals decision date: 2026-04-07

What You Should Do Next

1
Confirm status of trial-court decree
Review the trial-court final divorce decree to determine what obligations or rights remain and whether any post-judgment relief is necessary or available in the trial court.
2
Consult counsel about post-judgment options
If a party wishes to seek further relief, consult an attorney promptly to evaluate motions for new trial, bill of review, or other trial-court remedies and to confirm any remaining appellate deadlines.
3
Close appellate file and address pending motions
If you are the appellant, notify the trial court and opposing party of the dismissal and ensure any pending appellate motions are closed out; opposing parties should note that any appellate motions were dismissed as moot.

Frequently Asked Questions

What does this decision mean?: The appellate court dismissed the appeal at the appellant's request, so the appeal is over and the trial court's final divorce decree stands unchanged by this court.
Who is affected by the dismissal?: The parties to the divorce, Grant Allen Nelson and Mallary Lauren Nelson, are affected; the trial-court decree remains the controlling order unless challenged again through some other permitted post-judgment procedure.
What happens next procedurally?: Because the appeal was dismissed, there is no further action pending before this appellate court; a party seeking relief would need to pursue any available post-judgment remedies in the trial court or file a new appeal within applicable deadlines if permitted.
Can this dismissal be appealed?: A dismissal of an appeal at the appellant's unopposed request is a final procedural disposition by the appellate court; further review would generally require a showing of jurisdictional or procedural grounds and is uncommon.

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

Opinion issued April 7, 2026




                                     In The

                               Court of Appeals
                                     For The

                        First District of Texas
                           ————————————
                               NO. 01-25-00608-CV
                          ———————————
                   GRANT ALLEN NELSON, Appellant
                                       V.
                 MALLARY LAUREN NELSON, Appellee


                  On Appeal from the 308th District Court
                           Harris County, Texas
                     Trial Court Case No. 2024-20260



                        MEMORANDUM OPINION

     Appellant Grant Allen Nelson filed a notice of appeal from the trial court’s

July 7, 2025 final divorce decree.    On January 14, 2026, appellant filed an

Unopposed Motion to Dismiss Appeal “request[ing] that the Court dismiss this
appeal, as he no longer wishes to prosecute it.” See TEX. R. APP. P. 42.1(a)(1). No

other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP.

P. 42.1(a)(1), (c).1

       Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.

                                    PER CURIAM

Panel consists of Justices Gunn, Caughey, and Morgan.




1
       The Court had previously dismissed and then reinstated this appeal.
                                            2