DocketNumber： 06-15-00048-CV
Filed Date： 9/3/2015
Status： Precedential
Modified Date： 9/29/2016
ACCEPTED 06-15-00048-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/3/2015 10:09:07 AM DEBBIE AUTREY CLERK NO. 06-15-00048-CV FILED IN IN THE COURT OF APPEALS 6th COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS TEXARKANA, TEXAS 9/3/2015 10:09:07 AM DEBBIE AUTREY Clerk NIAGARA PORTFOLIO SOLUTIONS, LLC, ASSET, CONSULTING EXPERTS, LLC, AND MICHAEL C. EVANS Defendants/Appellants VS. JONATHAN SISTRUNK Plaintiff/Appellee Appeal from the 170th Judicial District Court of McLennan County, Texas in Cause No. 2015-321-4 APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL TO THE COURT OF APPEALS: Appellants, ASSET, CONSULTING EXPERTS, LLC and Michael C. Evans, move this Court to dismiss the appeal and respectfully state the following. Appellants timely perfected this restricted appeal on July 20, 2015. Appellants no longer wish to pursue this appeal. Pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure, Appellants move to dismiss this appeal. Appellants further ask that costs be assessed against the party incurring same. Appellants do not request that the mandate issue early. FOR THESE REASONS, Appellants request that the Court grant an Order dismissing the appeal and taxing the costs of appeal against the party incurring them. Respectfully submitted, THE WEAVER LAW FIRM /s/ Richard D. Weaver Richard D. Weaver Texas Bar No. 24047083 rweaver@weaverlawyers.com James Hamilton Foley Texas Bar No. 24059764 jfoley@weaverlawyers.com 1800 Bering Drive, Suite 305 Houston, Texas 77057 (713) 572-4900 (Telephone) (713) 626-9708 (Facsimile) ATTORNEYS FOR APPELLANTS CERTIFICATE OF CONFERENCE This certifies that the undersigned counsel for Appellants conferred with Appellee’s counsel, John Fugate, and Appellee’s counsel does not oppose this motion. /s/ Richard D. Weaver CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was forwarded to all interested parties by service on their last known addresses by mail, return receipt requested, and/or by facsimile on this 3rd day of September, 2015, as follows: John Fugate Via e-mail: jfugate@fugatelaw.com FUGATE LAW OFFICE 100 N. 6th Street, Suite 600 Waco, Texas 76701 /s/ Richard D. Weaver