Valerie Kay Johnston v. Jeffrey Johnston
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledSeptember 24, 2026
Docket02-26-00523-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00523-CV
___________________________
VALERIE KAY JOHNSTON, Appellant
V.
JEFFREY JOHNSTON, Appellee
On Appeal from the 467th District Court
Denton County, Texas
Trial Court No. 24-4791-467
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION AND JUDGMENT
We have considered “Appellant’s Motion to Voluntarily Dismiss Appeal,
Request for Expedited Consideration, and Request for Immediate Issuance of
Mandate.” We grant the motion and dismiss the appeal. See Tex. R. App. P.
42.1(a)(1), 43.2(f). Further, because the motion demonstrates good cause to expedite
issuance of mandate and because Appellee has not filed any opposition to the request,
we grant Appellant’s request for immediate issuance of mandate and direct the clerk
of this court to issue the mandate immediately. See Tex. R. App. P. 18.1(c).
Appellant is indigent, and her motion to dismiss did not include any agreement
of the parties regarding costs.1 Accordingly, the court will not assess costs. See Tex.
R. App. P. 42.1(d), 43.4; Titterington v. Cavalry SPV I, LLC, No. 02-20-00086-CV, 2020
WL 2202332, at *1 (Tex. App.—Fort Worth May 7, 2020, no pet.).
Per Curiam
Delivered: September 24, 2026
1
The motion’s certificate of conference indicates that Appellant attempted to
confer with Appellee’s counsel to obtain Appellee’s “position on the merits of th[e]
[m]otion” but that she did not receive a response.
2