Vincent Summa and Adriana Summa v. RG Building and Development, Inc.

• Court: Court of Appeals of Texas
• Decided: February 27, 2025
• Docket: 01-24-00363-CV
• Status: Published

Opinion

Opinion issued February 27, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00363-CV ——————————— VINCENT SUMMA AND ADRIANA SUMMA, Appellants V. RG BUILDING AND DEVELOPMENT, INC., Appellee

On Appeal from the 333rd District Court Harris County, Texas Trial Court Case No. 2019-33022

MEMORANDUM OPINION

On August 26, 2024, appellants’ counsel filed an unopposed motion to abate

this appeal for 90 days due to the recent death of appellant Vincent Summa.1 The

1 If a party in a civil case dies after rendition of judgment but before disposition of the appeal, the appellate court “will proceed to adjudicate the appeal as if all parties were alive” and the appellate court’s judgment “will have the same force and effect Court granted that motion by order issued on August 29, 2024, abating the appeal

until November 27, 2024. On November 25, 2024, appellants filed an opposed

motion to extend the abatement for another 90 days to permit Vincent Summa’s

widow additional time to review information related to Vincent’s businesses and

employees. The Court granted this motion in part, abating the appeal for another 60

days, or until February 3, 2025. On February 21, 2025, appellants filed an

unopposed motion to dismiss the appeal.

We reinstate the appeal on the active docket and grant appellants’ motion and

dismiss the appeal. Any other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Gunn and Guiney.

as if rendered when all parties were living.” TEX. R. APP. P. 7.2(a)(1). The appellate court may use the decedent’s name on all papers. Id. 2