In the Matter of B.S., a Child, 14-25-00804-CV, February 24, 2026.
On appeal from the 315th District Court of Harris County
Synopsis
The Fourteenth Court of Appeals granted an appellant’s voluntary motion to dismiss an appeal arising from a juvenile court’s order transferring the appellant to the Texas Department of Criminal Justice. The court dismissed the case pursuant to Texas Rule of Appellate Procedure 42.1(a) without reaching the substantive merits of the transfer order.
Relevance to Family Law
While this case originates in the juvenile justice system, its procedural foundation is critical for Family Law practitioners managing appeals in SAPCR or marital property disputes. The application of Texas Rule of Appellate Procedure 42.1(a) underscores the absolute right of an appellant to terminate an appeal voluntarily, provided the motion is not opposed by other parties seeking affirmative relief. In high-conflict custody or property litigation, the ability to strategically “nonsuit” an appeal is a vital tool for settlement leverage or for mitigating the risk of creating unfavorable appellate precedent after a trial court victory has been partially compromised.
Case Summary
Fact Summary
This case involved a juvenile, B.S., who was subject to an order signed by the 315th District Court of Harris County on August 21, 2025. The trial court’s order mandated the transfer of the appellant from the juvenile system to the custody of the Texas Department of Criminal Justice (TDCJ) under the “release or transfer” provisions of the Texas Family Code. Following the entry of this order, the appellant initiated an appeal to the Fourteenth Court of Appeals. However, on February 17, 2026, while the appeal was pending, the appellant filed an unopposed motion requesting the voluntary dismissal of the appeal.
Issues Decided
The court decided whether an appellant may voluntarily dismiss an appeal from a juvenile transfer order via an unopposed motion under the Texas Rules of Appellate Procedure.
Rules Applied
The court primarily applied Texas Rule of Appellate Procedure 42.1(a), which provides the mechanism for the voluntary dismissal of civil appeals upon motion by the appellant. The court also referenced Texas Family Code Section 54.11(i)(2), which governs the transfer of a juvenile to the TDCJ, and Section 56.01(c)(2), which identifies such orders as appealable.
Application
The court’s analysis was purely procedural, focusing on the appellant’s autonomy over the litigation. Under Rule 42.1(a), the appellate court is generally required to grant a motion to dismiss the appeal unless another party has filed a notice of appeal and objects to the dismissal. Here, the appellant filed an unopposed motion seeking to abandon the challenge to the trial court’s transfer order. Because the motion complied with the formal requirements of the rules and no other party sought to maintain the appeal, the court found no reason to proceed with a review of the trial court’s findings or the statutory application of the Family Code. The legal narrative here is one of party-driven finality; the court respected the appellant’s decision to accept the trial court’s judgment rather than risk or further fund the appellate process.
Holding
The court held that the appellant’s motion to dismiss the appeal was well-taken. Pursuant to the authority granted under TRAP 42.1(a), the court granted the motion and dismissed the appeal in its entirety.
The court further held that the memorandum opinion would stand as the final disposition of the appellate cause number, effectively leaving the 315th District Court’s transfer order in full force and effect.
Practical Application
For the family law litigator, this memorandum opinion reinforces the “off-ramp” available during the appellate process. If a client reaches a settlement during the pendency of an appeal, or if subsequent trial court developments render the appeal strategically disadvantageous, Rule 42.1(a) provides a clean exit. Practitioners should ensure that any such motion is “unopposed” to avoid the necessity of a formal response or a protracted ruling period, and should specifically address the allocation of costs to ensure the mandate issues without dispute.
Checklists
Executing a Voluntary Dismissal under TRAP 42.1
- Confirm that no other party has filed a cross-appeal that they intend to prosecute.
- Draft the motion to specifically state whether the parties have reached an agreement regarding the allocation of costs; otherwise, costs are taxed against the appellant.
- Contact opposing counsel to secure an “unopposed” status for the motion to expedite the court’s action.
- Verify that the motion is signed by the attorney of record for the appellant or the party themselves if pro se.
Evaluating Juvenile Transfer Appeals
- Review Texas Family Code Section 54.11(i)(2) for compliance with the statutory requirements for TDCJ transfers.
- Assess the risk of an adverse appellate opinion before proceeding to briefing; consider voluntary dismissal if the record does not support a clear abuse of discretion by the trial court.
Citation
In the Matter of B.S., a Child, No. 14-25-00804-CV, 2026 WL ______ (Tex. App.—Houston [14th Dist.] Feb. 24, 2026, no pet. h.) (mem. op.).
Full Opinion
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