Erik Bremer v. Home Game Club, Inc. ( 2015 )

ACCEPTED
03-15-00278-CV
5298094
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/15/2015 10:19:56 AM
JEFFREY D. KYLE
CLERK
03-15-00278-CV
ERIK BREMER, § IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
Appellant § AUSTIN, TEXAS
§ 5/15/2015 10:19:56 AM
v. § FOR THE THIRD JUDICIAL
JEFFREY D. KYLE
§ Clerk
HOME GAME CLUB, INC., §
Appellee § DISTRICT OF TEXAS
§
APPELLANT’S MOTION TO DISMISS APPEAL
COMES NOW Appellant Erik Bremer and notifies the Court of Appeals that
this appeal is moot and should be dismissed.
On April 27, 2015, the Honorable Amy Clark Meachum issued a letter
ruling wherein she stated that the court was denying Appellant’s Motion to
Dismiss Under Chapter 27, Civil Practice & Remedies Code (the “Motion”). The
letter ruling requested that Appellee’s counsel prepare an order. See attached letter
ruling.
In an abundance of caution, Appellant gave notice of his appeal on May 11,
2015, prior to the court entering a order on the Motion.
In the meantime, the trial court reconsidered its letter ruling and granted
Appellant’s Motion. See attached order granting Motion. Therefore, this
prematurely-filed appeal is moot and should be dismissed.
Appellant’s Notice to Court of Mootness of Appeal
1
Respectfully submitted,
The Weichert Law Firm
3821 Juniper Trace, Suite 106
Austin, Texas 78738
(512) 263-2666
(512) 263-2698 - Facsimile
By: /s/ Darryl W. Pruett
Darryl W. Pruett
Texas State Bar No. 00784795
darryl@weichertlaw.com
George V. Basham, III
Texas State Bar No. 01868000
george@weichertlaw.com
Glenn K. Weichert
State Bar No. 21076500
glenn@weichertlaw.com
ATTORNEYS FOR APPELLANT
Appellant’s Notice to Court of Mootness of Appeal
2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this notice has been sent in
accordance with the Texas Rules of Civil Procedure, as noted below, on this 15TH
day of May, 2015, to:
Home Game Club, Inc.
David Tucker, President
5200 Keller Springs Road, #224
Dallas, Texas 75248
Telephone: (972) 955-6836
No Telecopier Number Provided
Hand Delivery in Person or by Agent
x Electronic Service
Email Service
Courier Receipted Delivery
Telephonic Document Transfer
Certified Mail, Return Receipt Requested No.______________
/s/ Darryl W. Pruett
Darryl W. Pruett
Appellant’s Notice to Court of Mootness of Appeal
3