Joseph P. Thweatt v. Billingsley House Moving, Inc. And Oliver Billingsley ( 2015 )

ACCEPTED
03-15-00333-CV
6108174
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/17/2015 9:04:28 AM
JEFFREY D. KYLE
CLERK
NO.03-JS-00333-CV
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
for the Third Judicial District of Texas 7/17/2015 9:04:28 AM
at Austin JEFFREY D. KYLE
Clerk
JOSEPH P. THWEATT,
Appellant,
v.
BILLINGSLEY HOUSE MOVING, INC., and OLIVER BILLINGSLEY,
Appellees.
On Appeal from the 353rd Judicial District Court
Travis County, Texas
Trial Court Cause No. D-I-GN-14-005006
AGREED MOTION TO DISMISS APPEAL
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 42.1, appellant, Joseph P. Thweatt,
files this Agreed Motion to Dismiss Appeal, seeking voluntary dismissal of this appeal
with prejudice.
Thweatt perfected this appeal by filing a notice of appeal on June 2, 2015, of an
interlocutory order of the 353rd Judicial District Court of Travis County. The order
denied a motion to dismiss a defamation claim asserted by Billingsley, which motion
Page 1 of2
Thweatt filed pursuant to Texas Civil Practices and Remedies Code chapter 27. The
Parties have resolved the dispute between them with respect to the defamation claim
only; therefore, Thweatt no longer wishes to prosecute this interlocutory appeal of his
motion to dismiss the defamation claim. Accordingly, Thweatt requests that the Clerk
dismiss this appeal with prejudice, with costs of appeal to be paid by the Thweatt.
Appellees Billingsley House Moving, Inc., and Oliver Billingsley are in agreement
with this motion, as reflected by the signature of their counsel below.
Dated: i /11 {,(' Respectfully submitted,
I I
L. Lee Thweatt Tom~-
State BarNo. 24008160 Law Office of Tom Murphy
TERRY & THWEATT, P.C. 9600 Great Hills Trail, Suite 150 W
One Greenway Plaza, Suite 100 Austin, TX 78759
Houston, Texas 77046-0102 Telephone: (512) 477-5680
Telephone: (713) 600-4710 Facsimile: 512-493-0691
Facsimile: (713) 600-4706 tom@tommurphyslaw.com
Ithweatt@terrythweatt.com
ATTORNEYS FOR APPELLEES
Carl R. Galant
State Bar No. 24050633
MCGINNIS LOCHRIDGE
600 Congress Avenue, Suite 2100
Austin, Texas 78701
Telephone: (512) 495-6083
Facsimile: (512) 505-6383
cgalant@mcginnislaw.com
ATTORNEYS FOR APPELLANT
Page 2 of2