SignAd, Ltd v. Stan Apostolo AKA Stanley W. Apostolo, Individually and Apostolo & Associates, Inc; A Texas Corporation

• Court: Court of Appeals of Texas
• Decided: April 8, 2025
• Docket: 01-25-00068-CV
• Status: Published

Opinion

Opinion issued April 8, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00068-CV ——————————— SIGNAD, LTD., Appellant V. STAN APOSTOLO A/K/A STANELY W. APOSTOLO AND APOSTOLO & ASSOCIATES, INC., Appellees

On Appeal from the 12th District Court Grimes County, Texas Trial Court Case No. 035586

MEMORANDUM OPINION

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

November 14, 2024 order. On March 25, 2025, appellant filed a “Motion to Dismiss

Appeal.” In its motion, appellant stated that “[i]n examining the record, SignAd

determined [that] the [trial court’s] Summary Judgment did not resolve all issues because there [was] a [c]ounterclaim still pending.” Accordingly, there is no “final

and appealable” order or judgment in the case. 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 appellees, Stan Apostolo, also known as Stanley W.

Apostolo, and Apostolo & Associates, Inc., are 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 appellees have 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 Chief Justice Adams and Justices Gunn and Guiney.