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

• Court: Court of Appeals of Texas
• Decided: October 30, 2025
• Docket: 01-25-00642-CV
• Status: Published

Opinion

Opinion issued October 30, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00642-CV ——————————— GIBRALTAR FINANCE & MORTGAGE, INC., Appellant V. DB WEBSTER, LTD., Appellee

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

MEMORANDUM OPINION

Appellant, Gibraltar Finance & Mortgage, Inc., filed a notice of appeal from

the trial court’s July 26, 2025 “Order Granting Bill of Review” in favor of appellee,

DB Webster, Ltd. On October 16, 2025, appellee filed a motion to dismiss the

appeal, asserting that the trial court’s order was not a final judgment or otherwise appealable order. In response to appellee’s motion to dismiss, on October 21, 2025,

appellant filed a “Motion to Dismiss Appeal,” seeking to voluntarily dismiss its

appeal. See TEX. R. APP. P. 42.1(a)(1) (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 includes a certificate of

conference stating that appellee is not opposed to the requested relief. See TEX. R.

APP. P. 10.1(a)(5), 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, Guiney, and Johnson.