Roy W. Cullen v. Legacy Trust Company, N.A.

• Court: Court of Appeals of Texas
• Decided: July 24, 2025
• Docket: 01-25-00192-CV
• Status: Published

Opinion

Opinion issued July 24, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00192-CV ——————————— ROY W. CULLEN, Appellant V. LEGACY TRUST COMPANY, N.A., Appellee

On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2025-11179

MEMORANDUM OPINION

On May 30, 2025, appellant Roy W. Cullen filed a document entitled “Notice

of Non-Suit” in this appeal requesting that the Court “non-suit the appeal without

prejudice.” As stated in our Court’s June 26, 2025 notice to appellant, the Texas

Rules of Appellate Procedure authorize dismissals, not nonsuits. See Int. of F.S., No. 14-20-00623-CV, 2021 WL 1257267, at *1 (Tex. App.—Houston [14th Dist.] Apr.

6, 2021, no pet.) Moreover, the rules do not describe dismissals as being with or

without prejudice. See TEX. R. APP. P. 42. Accordingly, we construe appellant’s

“Notice of Non-Suit” as a motion for voluntary dismissal under Texas Rule of

Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal

is dismissed.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.