What did the court decide?

The court granted the appellant's unopposed motion to voluntarily dismiss the appeal and dismissed the case.

Who is affected by this dismissal?

The appellant (D.E.P.) and other parties in the family-law suit are affected because the appellate review ended without a decision on the merits.

Can the appellant refile the appeal later?

The opinion does not address refiling; whether the appellant can refile depends on statutory and procedural deadlines and any final judgment or orders from the trial court.

Was a rehearing allowed?

No; the court stated it will not entertain a motion for rehearing and ordered issuance of its mandate.

In the Interest of L.M.S. AKA L.M.P., a Child v. the State of Texas

Docket 07-26-00073-CV

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

FamilyDismissed

Filed: Apr 29, 2026 · 2 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 7th District (Amarillo)
Type: Lead Opinion
Case type: Family
Disposition: Dismissed
Docket: 07-26-00073-CV

Appeal from the trial court's Final Order in a Suit Affecting the Parent-Child Relationship (family law appeal).

Summary

The Court of Appeals for the Seventh District of Texas dismissed an unopposed voluntary motion by appellant D.E.P. to dismiss an appeal from a final order in a Suit Affecting the Parent-Child Relationship (child referred to by initials). The court found the motion complied with Texas Rule of Appellate Procedure 42.1(a)(1), that granting dismissal would not prejudice any party, and no appellate decision had been issued. The court granted the motion, dismissed the appeal, declined to entertain a rehearing motion, and ordered issuance of its mandate immediately.

Issues Decided

Whether an appellant's unopposed motion for voluntary dismissal complies with Rule of Appellate Procedure 42.1(a)(1) and should be granted
Whether granting the voluntary dismissal would prevent any party from obtaining relief to which it is otherwise entitled

Court's Reasoning

The court applied Rule of Appellate Procedure 42.1(a)(1) which permits voluntary dismissal by appellant if certain requirements are met. Because the motion was unopposed, met the rule's requirements, and no appellate decision had been issued that would alter rights or relief, dismissal would not prejudice any party. Accordingly, the court granted dismissal and ordered its mandate.

Authorities Cited

Texas Rules of Appellate Procedure 42.1(a)(1)
Texas Family Code section protecting privacy by initialsTEX. FAM. CODE § 109.002(d)
Texas Rules of Appellate Procedure privacy ruleTEX. R. APP. P. 9.8(a), (b)

Parties

Appellant: D.E.P.
Judge: Jack M. Graham

Key Dates

Opinion date: 2026-04-29

What You Should Do Next

1
Consult counsel about post-dismissal options
Speak with your attorney promptly to determine whether any further relief is available in the trial court or by other procedures, and to confirm deadlines for any possible filings.
2
Confirm trial-court obligations and compliance
Ensure compliance with the trial court's final order now that the appeal is dismissed and take any steps required by that order.
3
Review potential motions in trial court if necessary
If relief is sought despite dismissal, consider whether motions to modify, clarify, or enforce the trial-court order are appropriate and timely.

Frequently Asked Questions

What did the court decide?: The court granted the appellant's unopposed motion to voluntarily dismiss the appeal and dismissed the case.
Who is affected by this dismissal?: The appellant (D.E.P.) and other parties in the family-law suit are affected because the appellate review ended without a decision on the merits.
Can the appellant refile the appeal later?: The opinion does not address refiling; whether the appellant can refile depends on statutory and procedural deadlines and any final judgment or orders from the trial court.
Was a rehearing allowed?: No; the court stated it will not entertain a motion for rehearing and ordered issuance of its mandate.

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
Seventh District of Texas at Amarillo

No. 07-26-00073-CV

IN THE INTEREST OF L.M.S. AKA L.M.P., A CHILD

On Appeal from the 47th District Court
Randall County, Texas
Trial Court No. 69237-A, Honorable Jack M. Graham, Presiding

April 29, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, D.E.P., appeals from the trial court’s Final Order in Suit Affecting the

Parent-Child Relationship. 1 Now pending before this Court is Appellant’s unopposed

motion seeking voluntary dismissal of the appeal. The Court finds the motion complies

with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the

motion will not prevent any party from seeking relief to which it would otherwise be

entitled. As no decision of the Court has been delivered to date, we grant the motion.

1 To protect the privacy of the parties, we refer to them by their initials. See TEX. FAM. CODE §
109.002(d); TEX. R. APP. P. 9.8(a), (b).
The appeal is dismissed. No motion for rehearing will be entertained and our mandate

will issue forthwith.

Per Curiam