ACCEPTED
01-14-00648-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/5/2015 10:51:40 PM
CHRISTOPHER PRINE
CLERK
CASE NO. 01-14-00648-CV
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS
HOUSTON, TEXAS 1/5/2015 10:51:40 PM
CHRISTOPHER A. PRINE
Clerk
BARRETT WAKEFIELD,
Appellant,
VS.
SAM AYERS AND CLAUDIA AYERS,
Appellees.
On Appeal from the County Civil Court at Law No. 4 of
of Harris County, Texas, Cause No. 1007580-102
APPELLANT’S RESPONSE TO COURT’S NOTICE OF INTENT TO DISMISS
Troy Tindal
State Bar No. 24066198
17225 El Camino Real, Ste 190
Houston, Texas 77058
Tel: 832-691-1519
Fax: 832-408-7579
troy@tindallawfirm.com
COUNSEL FOR APPELLANT
BARRETT WAKEFIELD
APPELLANT’S TO COURT’S NOTICE OF INTENT TO DISMISS
The Court noticed its intent to dismiss this instant appeal for lack of
jurisdiction, citing the pending Waggoners’ counterclaims and other potential
impediments to the finality of the trial court’s summary judgment order against
Thinair Wireless, Inc., Howard J. Wakefield, III, Barrett Wakefield, and Randall
Wayne Habel.
On July 28, 2014, Appellant Barrett Wakefield petitioned this Court for
additional time to establish finality of the trial court’s order. In the trial court,
Barrett Wakefield moved for severance of the breach of contract claims against
him and Howard Wakefield in order to separate the breach of contract claims
supporting the summary judgment against the Wakefields from the other claims
and bankrupt co-defendants. The trial court granted Barrett Wakefield’s Motion to
Sever on December 5, 2014, creating a separate case under Cause No. 1007580-
102 the breach of contract claims asserted against Barrett Wakefield and Howard
Wakefield, III. See Exh. A.
On the basis of the above, the trial court’s summary judgment order now
constituting a final judgment in severed Cause No. 1007580-102, Appellant Barrett
Wakefield respectfully regrets that the Court retain this appeal, re-styled as needed
to reflect the underlying trial court case as severed from the original action.
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Dated: January 5, 2015 Respectfully submitted,
/s/ Troy Tindal on Jan 5, 2015
___________________________________
Troy Tindal
State Bar No. 24066198
troy@tindallawfirm.com
17225 El Camino Real, Ste 190
Houston, Texas 77058
Tel: 832-691-1519
Fax: 832-408-7579
ATTORNEY FOR APPELLANT
BARRETT WAKEFILED
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties to this appeal, which
are listed below, on January 5, 2015 as follows:
John Grayson
Cokinos, Bosien & Young
1221 Lamar St., 16th Floor
Houston, Texas 77010
Howard Wakefield, III
2233 West Alabama Street
Houston, TX 77098
/s/ Troy Tindal on Jan 5, 2015
___________________________________
Troy Tindal
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