Amber L. Morrison v. Christopher M. Fansler ( 2015 )

ACCEPTED 05-15-00668-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 6/24/2015 4:39:31 PM LISA MATZ CLERK Case Number 05-15-00668-CV IN THE FIFTH DISTRICT COURT OF APPEALS FILED IN 5th COURT OF APPEALS at Dallas DALLAS, TEXAS __________________________________________________________________ 6/24/2015 4:39:31 PM LISA MATZ Clerk AMBER L. MORRISON, Appellant, v. CHRISTOPHER M. FANSLER, Appellee. __________________________________________________________________ From Cause Number DC-13-08561 in the 95th Judicial District Court of Dallas County __________________________________________________________________ AGREED MOTION TO DISMISS __________________________________________________________________ WALTERS, BALIDO & CRAIN, L.L.P. Gregory R. Ave State Bar No. 01448900 Meadow Park Tower, 15th Floor 10440 N. Central Expressway Dallas, Texas 75213 Telephone Number (214) 749-4805 Facsimile Number (214) 347-8311 ATTORNEY FOR APPELLANT June 24, 2015 AMBER L. MORRISON TO THE HONORABLE DALLAS COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 10 and 42.1(a)(2)(B), Appellant Amber L. Morrison (AMorrison@) and Appellee Christopher Fansler (“Fansler”) file their agreed motion to dismiss the instant appeal and would respectfully show this Court as follows: 1. This appeal concerns a final judgment (entered on or about February 21, 2015) in cause number DC-13-08561, styled Christopher Fansler v. Amber Morrison, and pending in the 95th Judicial District Court of Dallas County, Texas (Athe Fansler suit@). Fansler filed his lawsuit seeking to recover money damages for bodily injuries allegedly sustained due to an automobile accident which occurred on or about February 5, 2013. On May 28, 2015, mediation was conducted regarding the Fansler suit and a settlement was reached. 2. The resolution and conclusion of the Fansler suit renders this appeal matter moot. 3. The settlement of the Fansler suit is in the process of being finalized with this understanding that the Court will set aside the trial court’s Judgment (entered on or about February 21, 2015) and remand the 1 case to the trial court for rendition of judgment in accordance with the parties’ agreement. 4. Accordingly, the parties request the Court enter an order or judgment setting aside the trial court’s Judgment (entered on or about February 21, 2015) and remanding the case to the trial court for rendition of judgment in accordance with the parties’ agreement. Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. By: /s/ Gregory R. Ave Gregory R. Ave Texas State Bar No. 01448900 Meadow Park Tower, 15th Floor 10440 North Central Expressway Dallas, Texas 75231 (2l4) 347-8310 (2l4) 347-8311 (facsimile) greg.ave@wbclawfirm.com ATTORNEY FOR APPELLANT AMBER L. MORRISON LAFITTE, ABBOTT, WING, REHFELD & HOLLOWAY, P.L.L.C. By: /s/ Grant Gerleman Grant Gerleman, Esquire Texas State Bar No. 24083065 2 1934 Pendleton Dr. Garland, Texas 75041 (972) 263-5555 (972) 682-7586 Facsimile eservice@lawrh.com ATTORNEY FOR APPELLEE CHRISTOPHER M. FANSLER 3