in Re Jose Gomez and Eduardo Gomez, Individually and as Former Representatives of MaCarty Truck Wash & Lube, Inc. Gomez McCarty Truck Wash and Lube Inc. F/K/A McCarty Truck Wash and Lube, Inc., and Brothers Tire Services, Inc. ( 2015 )

ACCEPTED
14-15-00401-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 12:20:49 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00401-CV
__________________________________________________________________
IN THE COURT OF APPEALS FILED IN
14th COURT OF APPEALS
FOR THE FIRST OR FOURTEENTH DISTRICT OFHOUSTON, TEXAS TEXAS
__________________________________________________________________
5/19/2015 12:20:49 PM
CHRISTOPHER A. PRINE
Clerk
IN RE JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND
AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH &
LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A
MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE
SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES
__________________________________________________________________
ORIGINAL PROCEEDING IN THE 215TH DISTRICT COURT OF
HARRIS COUNTY, TEXAS
CAUSE NO. 2010-56104
THE HONORABLE JUDGE ELAINE H. PALMER, PRESIDING
__________________________________________________________________
RELATORS’ MOTION TO DISMISS
_________________________________________________________________
Steve M. Williard
Texas Bar No. 00788684
The Williard Law Firm, L.P.
1920 N. Memorial Way, Suite 207
Houston, Texas 77007
Phone: (713) 529-6300
Fax: (713) 529-6315
E-mail: steve@williardlaw.com
ATTORNEY FOR RELATORS,
JOSE GOMEZ AND EDUARDO GOMEZ,
INDIVIDUALLY AND AS FORMER
REPRESENTATIVES OF MCCARTY
TRUCK WASH & LUBE, INC., GOMEZ
MCCARTY TRUCK WASH & LUBE,
INC. F/K/A MCCARTY TRUCK WASH
& LUBE, INC. AND BROTHERS TIRE
SERVICES, INC. D/B/A MCCARTY
TRUCK WASH, LUBE AND TIRES
TO THE HONORABLE JUDGE OF SAID COURT.
COMES NOW, JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY
AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH &
LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A
MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES,
INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES (collectively
“Relators”) and files this their Motion to Dismiss Against MANUEL D. PINEDA,
SUCCESSOR TO MCCARTY TRUCK WASH & LUBE, INC. (“Pineda”),
MCCARTY TRUCK WASH & LUBE, L.L.C. (“McCarty”) and JUAN MUNOZ
(“Munoz”) (Pineda, McCarty and Munoz collectively “Real Parties In Interest”) in
connection with the above referenced appeal, and in support thereof, respectfully
shows the Court as follows:
I.
FACTUAL BACKGROUND
1. This appeal was filed on or about May 4, 2015. Relators’ have settled
their claims against Real Parties In Interest in their entirety (see Agreed Judgment and
Permanent Injunction attached hereto as Exhibit “A” and incorporated herein by
reference). Relators’ now desire to dismiss their Motion for Emergency Stay and
Petition for Writ of Mandamus.
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II.
REQUEST FOR DISMISSAL
2. Relators’ request that the Court dismiss the Motion for Emergency Stay
and Petition for Writ of Mandamus filed by Relators’ in this appeal.
III.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Relators, JOSE GOMEZ AND
EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES
OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK
WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND
BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE
AND TIRES respectfully pray that the Court grant their Motion to Dismiss their
Motion for Emergency Stay and Petition for Writ of Mandamus .
Respectfully submitted,
/s/ Steve M. Williard
Steve M. Williard
Texas Bar No. 00788684
The Williard Law Firm, L.P.
1920 N. Memorial Way, Suite 207
Houston, Texas 77007
Phone: (713) 529-6300
Fax: (713) 529-6315
E-mail: steve@williardlaw.com
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ATTORNEY FOR RELATORS,
JOSE GOMEZ AND EDUARDO GOMEZ,
INDIVIDUALLY AND AS FORMER
REPRESENTATIVES OF MCCARTY
TRUCK WASH & LUBE, INC., GOMEZ
MCCARTY TRUCK WASH & LUBE,
INC. F/K/A MCCARTY TRUCK WASH
& LUBE, INC. AND BROTHERS TIRE
SERVICES, INC. D/B/A MCCARTY
TRUCK WASH, LUBE AND TIRES
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CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document was served on all parties and/or
counsel as required by the Texas Rules of Appellate Procedure by electronic filing
service, U.S. mail, fax, and/or personal delivery on May 19, 2015 as follows:
Via Electronic Filing Service
Ms. Elizabeth Burkhardt
Saenz & Burkhardt, P.L.L.C.
5503 Lawndale
Houston, Texas 77023
Phone: (832) 922-2919
Fax: (713) 468-5932
E-mail: Elizabeth@SaenzBurkhardt.com
Attorney for Real Parties In Interest: Manuel D. Pineda, Successor to McCarty
Truck Wash and Lube, Inc., McCarty Truck Wash & Lube, L.L.C. and Juan
Munoz
Via Certified Mail/RRR #70143490000010100402
The Honorable Judge Elaine H. Palmer
215th Harris County District Court
201 Caroline, Floor 13
Houston, Texas 77002
Phone: (713) 368-6330
Respondent
/s/ Steve M. Williard
Steve M. Williard
F:\Files\Gomez, Eduardo\McCarty Truck Wash Lit\Appeal Matter (Second)\06 Motion to Dismiss.wpd
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