Shundra Rutledge v. Swift Transportation Services, LLC and David Odhiambo

• Court: Court of Appeals of Texas
• Decided: September 16, 2025
• Docket: 01-25-00644-CV
• Status: Published

Opinion

Opinion issued September 16, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00644-CV ——————————— SHUNDRA RUTLEDGE, Appellant V. SWIFT TRANSPORTATION SERVICES, LLC, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2019-03219

MEMORANDUM OPINION

Appellant, Shundra Rutledge, filed a notice of appeal from a July 17, 2025

trial court order. On August 22, 2025, appellant filed a motion to dismiss her appeal.

In her motion, appellant stated that the trial court informed the parties that the order

appealed “did not dispose of the case” and the trial court would “hold a new hearing to argue the underlying motion for summary judgment.” Accordingly, appellant

stated that her appeal had been rendered “moot.” Appellant therefore requested that

the Court dismiss the appeal “so that the litigation in the trial court may proceed.”

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 does not include a certificate of

conference stating that appellant conferred with all other parties regarding the merits

of the motion and whether the parties oppose the requested relief. See TEX. R. APP.

P. 10.1(a)(5). However, more than ten days have passed, and no party has opposed

the relief requested by 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 Rivas-Molloy, Gunn, and Caughey.