El Ahorro Properties, LLC, Adventure Supermarkets, LLC and Rosara Investments LLC v. Ayda Martinez ( 2015 )

ACCEPTED
01-15-00233-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/14/2015 9:40:26 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00233-CV
________________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT 5/14/2015 9:40:26 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
________________________________________ Clerk
EL AHORRO PROPERTIES, LLC, ADVENTURE SUPERMARKETS, LLC
and ROSARA INVESTMENTS, LLC
Appellants
vs.
AYDA MARTINEZ
Appellee
_________________________________________________________________
AMENDED JOINT MOTION TO DISMISS
__________________________________________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 42.1, Appellants and
Appellee file this amended joint motion to dismiss the appeal and would
respectfully show this Court as follows:
1. The parties have reached an agreement to abate the underlying lawsuit
pending mediation and, if mediation is unsuccessful, arbitration. As a result,
Appellants no longer wish to pursue this appeal.
2. In accordance with their agreement, the parties jointly request that the
Court grant this motion and dismiss the appeal.
3. In further accordance with their agreement, all taxable Court costs
shall be paid by the party who incurred same.
Respectfully submitted,
EGGLESTON & BRISCOE, LLP
4800 Three Allen Center
333 Clay Street
Houston, Texas 77002
(713) 659-5100 – Telephone
(713) 951-9920 – Facsimile
By: /s/ David W. Smith
David W. Smith
State Bar No. 24027868
dws@egglestonbriscoe.com
ATTORNEYS FOR APPELLANTS
MOLINA LAW FIRM
11550 Fuqua, Suite 580
Houston, Texas 77034
(281) 922-4300 – Telephone
(281) 922-4325 – Facsimile
By: /s/ Rick Molina
Rick Molina
State Bar No. 00784621
rmolina@molinalawfirm.com
ATTORNEYS FOR APPELLEE
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CERTIFICATE OF CONFERENCE
I certify that I have conferred with Rick Molina, counsel for Appellee, and
Appellee does not oppose dismissal and has joined this motion.
__/s/ David W. Smith_______
David W. Smith
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument was served on
the following counsel of record via electronic notification and/or facsimile on this
the 14th day of May 2015:
Rick Molina
Molina Law Firm
11550 Fuqua, Suite 580
Houston, Texas 77034
__/s/ David W. Smith_______
David W. Smith
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