Joe Alton Greer v. Rebecca Rodriguez Greer ( 2015 )

ACCEPTED
03-15-00208-CV
5145191
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/4/2015 4:38:55 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00208-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
5/4/2015 4:38:55 PM
FOR THE JEFFREY D. KYLE
Clerk
THIRD SUPREME JUDICIAL DISTRICT
AUSTIN, TEXAS
JOE ALTON GREER,
Appellant,
VS.
REBECCA RODRIGUEZ GREER,
Appellee.
Appeal from the 425th Judicial District Court
of Williamson County, Texas
MOTION TO DISMISS APPEAL
TO THE HONORABLE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS
DISTRICT OF TEXAS:
Pursuant to Rule 42 ofthe Texas Rules ofAppellate Procedure, Appellant, Joe Alton
Greer, moves to dismiss this appeal on the following grounds:
Greer v. Greer
Motion to Dismiss Appeal
Page 1
A. Introduction
1. Appellant perfected hisappeal on 7 April 2015, when he filed a Notice ofAppeal with
the 425th Judicial District Court of Williamson County, Texas. The judgment from which
the appeal was taken was entered on 7 January 2015 in Cause No. 12-1050-F425, styled In
the Matter ofthe Marriage ofJoe Alton Greer and Rebecca Rodriguez Greer, in the 425th
Judicial District Court of Williamson County, Texas.
B. Grounds
2. On 22 April 2015, the trial court granted a new trial in this case and signed an Order
on Petitioner's Motionfor New Trial setting aside the judgment entered on 7 January 2015.
C. Conclusion
3. In light ofthe granting of the new trial in this case, this appeal is moot and should be
dismissed.
D. Prayer
4. For these reasons, the Appellant ask the Court to grant this motion to dismiss.
Greer v. Greer
Motion to Dismiss Appeal
Page 2
Respectfully Submitted,
LAW OFFICE OF KARL E. HAYS, PLLC
2101 South lH-35, Suite 210
Austin, Texas 78741
512-476-1911
512-476-1904 facsimile
service@havsfamilvlaw.com
By: /s/ Karl E. Havs
Karl E. Hays
State Bar Number 09307050
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
Pursuant to Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, the
undersigned attorney hereby certifies that he has conferred with Appellee's counsel regarding
the substance of this motion and that Appellee's counsel has indicated that he does not
oppose the granting of this motion.
/s/ Karl E. Havs
Karl E. Hays
Greer v. Greer
Motion to Dismiss Appeal
Page 3
Certificate of Service
In compliance with Rule 9.5(a), 9.5(d), and 9.5(e) of the Texas Rules of Appellate
Procedure, the undersigned attorney certifies that a true and correct copy of the foregoing
Motion to Dismiss Appeal has been served upon the below-named individual, in the manner
noted below, as prescribed by Rule 9.5(b) of the Texas Rules ofAppellate Procedure on this
4th day of May 2015.
Is! Karl E. Havs
Karl E. Hays
Via E-File Transmission
Bradley M. Coldwell
Coldwell Bowes, L.L.P.
919 Congress Ave., Suite 1200
Austin, Texas 78701
Efiling.coldwell@coldwellbowes.com
Greer v. Greer
Motion to Dismiss Appeal
Page 4