Judgment of the Court of Appeals

43.1. Time The court of appeals should render its judgment promptly after submission of a case. 43.2. Types of Judgment The court of appeals may: (a) affirm the trial court's judgment in whole or in part; (b) modify the trial court's judgment and affirm it as modified; (c) reverse the trial court's judgment in whole or in part and render the judgment that the trial court should have rendered; (d) reverse the trial court's judgment and remand the case for further proceedings; (e) vacate the trial court's judgment and dismiss the case; or (f) dismiss the appeal. 43.3. Rendition Appropriate Unless Remand Necessary When reversing a trial court's judgment, the court must render the judgment that the trial court should have rendered, except when: (a) a remand proceedings; or is necessary for further (b) the interests of justice require a remand for another trial. 43.4. Judgment for Costs in Civil Cases Under the following circumstances, on any party's motion — or on its own initiative after giving ten days' notice to all parties — the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal: (a) for want of jurisdiction; (b) for want of prosecution; or (c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. 42.4. Involuntary Dismissal in Criminal Cases The appellate court must dismiss an appeal on the State’s motion, supported by affidavit, showing that the appellant has escaped from custody pending the appeal and that to the affiant's knowledge, the appellant has not, within ten days after escaping, voluntarily returned to lawful custody within the state. (a) Timely Return to Custody; Reinstatement. The appeal may not be dismissed — or, if dismissed, must be reinstated — if an affidavit of an officer or other credible person is filed showing that the appellant, within ten days after escaping, voluntarily returned to lawful custody within the state. (b) Life Sentence. The appellate court may overrule the motion to dismiss — or, if the motion was granted, may reinstate the appeal — if: (1) the appellant received a life sentence; and (2) the appellant or voluntarily surrenders within 30 days after escaping. recaptured is Notes and Comments Comment to 1997 change: Former Rules 59 and 60 are merged. Paragraph 42.1(c), allowing a court of appeals to withdraw its opinion, is new. Provision is made in paragraph 42.3(c) for dismissal of an appeal for failure to comply with a notice from the clerk. Other changes are made. 63 The court of appeals’ judgment should award to the prevailing party costs incurred by that party related to the appeal, including filing fees in the court of appeals and costs for preparation of the record. The court of appeals may tax costs otherwise as required by law or for good cause. But the judgment must not require the payment of costs by a party who was entitled to proceed without payment of costs under Rule 20.1, and a provision in the judgment purporting to do so is void. 43.5. Judgment Against Sureties in Civil Cases When a court of appeals affirms the trial court judgment, or modifies that judgment and renders judgment against the appellant, the court of appeals must render judgment against the sureties on the appellant's supersedeas bond, the performance of the judgment and for any costs taxed against the appellant. if any, for 43.6. Other Orders The court of appeals may make any other appropriate order that the law and the nature of the case require. Notes and Comments Comment to 1997 changes: Former Rules 80(a) - (c) and 82 are merged. Paragraph 43.2(e) allows the court of appeals to vacate the trial court’s judgment and dismiss the case; paragraph 43.2(f) allows the court of appeals to dismiss the appeal. Both provisions are new but codify current practice. Paragraph 43.3(a) is moved here from former Rule 81(c). Paragraph 43.3(b), allowing a remand in the interest of justice, is new. Subdivisions 43.4 and 43.5 are from former Rule 82.