Post Oak Lane Townhome Owners Association v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003-BC1 and Wade Riner ( 2015 )

ACCEPTED
01-15-00462-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/6/2015 12:19:00 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-15-00462-CV
POST OAK LANE TOWNHOME § IN THE FIRST (1ST)
FILED IN
OWNERS ASSOCIATION § 1st COURT OF APPEALS
§ HOUSTON, TEXAS
VS. § 7/6/2015 12:19:00 PM
§ CHRISTOPHER A. PRINE
THE BANK OF NEW YORK MELLON § COURT OF Clerk
APPEALS
F/K/A THE BANK OF NEW YORK, §
AS TRUSTEE FOR THE §
CERTIFICATEHOLDERS OF CWABS §
SERIES 2003-BC1 AND WADE §
RINER, INDIVIDUALLY § HARRIS COUNTY, TEXAS
MOTION TO DISMISS APPEAL
Appellant, POST OAK LANE TOWNHOME OWNERS ASSOCIATION hereby requests the
Court to dismiss this appeal.
INTRODUCTION
1. Appellant is Post Oak Lane Townhome Owners Association (“Post Oak”);
Appellees are The Bank of New York Mellon f/k/a The Bank of New York as Trustee for
the Certificateholders of CWABS Series 2003-BC1 and Wade Riner, Individually.
2. Appellant filed this appeal on May 14, 2015 when it filed a Notice of Appeal.
ARGUMENTS AND AUTHORITIES
3. The Court has authority under Texas Rule of Appellate Procedure
42.1(a)(2) to grant this motion to dismiss.
4. The parties have reached an agreement to compromise and settle their
differences in the suit styled: Cause No. 2013-00567; Post Oak Lane Townhome Owners
Association v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for
the Certificateholders of CWABS Series 2003-BC1 and Wade Riner, Individually; In the
11th Judicial District Court of Harris County, Texas.
TLD:JLE:10-1221-09: Mtn Dismiss Appeal
5. Appellant Post Oak asks the Court to dismiss this appeal.
6. For these reasons, the Appellant asks the Court to grant this motion to
dismiss. Costs on appeal should be taxed against Appellant.
SIGNED this 6th day of July, 2015.
Respectfully submitted,
FRANK, ELMORE, LIEVENS,
CHESNEY & TURET, L.L.P.
/s/ William L. Van Fleet__________
William L. Van Fleet
State Bar No. 20494750
Jerry L. Elmore
State Bar No. 06590000
9225 Katy Freeway, Ste. 250
Houston, Texas 77024-1564
713-224-9400 Telephone
713-224-0609 Fax
jelmore@felct.com
bvfleet@comcast.net
Attorneys For Post Oak Lane
Townhome Owners Association
CERTIFICATE OF SERVICE
I, the undersigned attorney, hereby certify that a true and correct copy of the
foregoing Motion to Dismiss Appeal has been forwarded by ECF to the following
attorneys of record on this 6th day of July, 2015:
Michael J. McKleroy, Jr., Janet Douvas Chafin
AKERMAN SENTERFITT, LLP JACKSON WALKER L.L.P.
2001 Ross Avenue, Suite 2550 1401 McKinney, Suite 1900
Dallas, Texas 75201 Houston, Texas 77010
/s/ William L. Van Fleet___________
William L. Van Fleet
TLD:JLE:10-1221-09: Mtn Dismiss Appeal