CourtListener 10642142•Roy W. Cullen v. Legacy Trust Company, N.A.
Full text
Opinion issued July 24, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00192-CV
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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.
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