DB Webster, Ltd. v. Gilbraltar Finance & Mortgage, Inc.

• Court: Court of Appeals of Texas
• Decided: January 23, 2025
• Docket: 01-24-00807-CV
• Status: Published

Opinion

Opinion issued January 23, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00807-CV ——————————— DB WEBSTER LTD., Appellant V. GIBRALTAR FINANCE & MORTGAGE INC., Appellee

On Appeal from the 333rd District Court Harris County, Texas Trial Court Case No. 2023-84196

MEMORANDUM OPINION

Appellant, DB Webster Ltd., filed a notice of appeal from the trial court’s

September 24, 2024 order denying appellant’s Application for Bill of Review. On

January 3, 2025, appellant filed a “Motion to Dismiss Appeal.” In its motion,

appellant stated that on October 24, 2024, the trial court entered an order voiding the September 24, 2024 order challenged on appeal, rendering the appeal moot.

Appellant therefore requested that the Court dismiss the appeal. See TEX. R. APP. P.

42.1(a) (permitting voluntary dismissal of appeal on motion of appellant).

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion does not include a certificate of

conference stating whether appellee, Gibraltar Finance & Mortgage Inc., is opposed

to the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5). However, more

than ten days has passed and appellee has not responded to appellant’s motion. See

TEX. R. APP. P. 10.3(a)(2).

Accordingly, the Court grants appellant’s motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as

moot.

PER CURIAM Panel consists of Justices Guerra, Caughey, and Morgan.