DocketNumber： 05-17-00898-CV
Filed Date： 1/31/2018
Status： Precedential
Modified Date： 2/1/2018
ACCEPTED 05-17-00898-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 1/31/2018 11:18 AM LISA MATZ CLERK No. 05-17-00898-CV ECKITY CAPITAL MARKETS, LLC, § IN THE FIFTH FILED IN 5th COURT OF APPEALS Appellant, § DALLAS, TEXAS § 1/31/2018 11:18:49 AM v. § COURT OF APPEALS LISA MATZ § Clerk JASON MICHAEL SPENCER, § Appellee § DALLAS, TEXAS APPELLANT’S MOTION TO DISMISS APPEAL Appellant asks the Court to dismiss this appeal. 1. Appellant is Eckity Capital Markets, LLC. Appellee is Jason Michael Spencer. 2. Appellant perfected this appeal on July 28, 2017, by filing a notice of appeal. 3. Texas Rule of Appellate Procedure 42(a)(1) grants the Court authority to dismiss this appeal “in accordance with a motion of appellant.” Appellant no longer desires to prosecute this appeal. 4. Appellee agrees to the dismissal. WHEREFORE, PREMISES CONSIDERED, appellant Eckity Capital Markets, LLC respectfully requests the Court grant its motion to dismiss, taxing costs on appeal against appellant. Respectfully submitted, /s/ Philip A. Sellers Philip A. Sellers State Bar No. 18015400 2777 Allen Parkway, Suite 1000 Houston, Texas 77019 (713) 452-2652 (832) 201-9259 - fax pas@paslawtx.com ATTORNEY FOR APPELLANT CERTIFICATE OF CONFERENCE I certify I conferred with Charmaine Voorhees, counsel for appellee, via telephone on January 31, 2018, concerning this motion, and appellee does not oppose the dismissal. /s/ Philip A. Sellers Philip A. Sellers CERTIFICATE OF SERVICE I certify I served this motion to dismiss on appellee through the electronic filing manager at the email address of appellee’s attorneys to be served on file with the electronic filing manager on January 31, 2018. /s/ Philip A. Sellers Philip A. Sellers