Crown Communication LLC D/B/A Crown Comm LLC v. T10 Unison Site Management, LLC and the Estate of Charlotte MeGrew

ACCEPTED 01-14-00211-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/16/2015 4:42:18 PM CHRISTOPHER PRINE CLERK N0. 01-14-00211-CV IN THE COURT OF APPEALS FILED IN FOR THE FIRST DISTRICT OF TEXAS 1st COURT OF APPEALS HOUSTON, TEXAS 1/16/2015 4:42:18 PM ____________________________________________ CHRISTOPHER A. PRINE Clerk CROWN COMMUNICATION LLC D/B/A CROWN COMM LLC, Appellant vs. T10 UNISON SITE MANAGEMENT LLC and ESTATE OF CHARLOTTE MCGREW, Appellees ____________________________________________ Appealed from the 25th District Court of Colorado County, Texas Trail Court Cause No. 23350 ____________________________________________ APPELLANT’S MOTION TO DISMISS APPEAL __________________________________________________________ RANDALL L. BRIM State Bar No. 02995400 SINGLETON COOKSEY LLP 6363 Woodway, Suite 610 Houston, Texas 77057 (713) 532-6200 (713) 532-9200 (fax) rbrim@singletoncooksey.com ATTORNEY FOR APPELLANT APPELLANT'S MOTION TO DISMISS APPEAL TO THE HONORABLE COURT OF APPEALS: COMES NOW, Appellant, CROWN COMMUNICATION LLC d/b/a CROWN COMM LLC, and pursuant to TEX. R. APP. P. 42.1, moves for the dismissal of the instant appeal and would respectfully show as follows. 1. This appeal is scheduled for submission on January 20, 2015, without oral argument. 2. Appellant recently made a business decision to decommission the cellular communications site that is at the center of the parties' dispute. Accordingly, Appellant no longer desires to prosecute this appeal and requests that it be dismissed. 3. The dismissal requested herein will not affect the judgment of the trial court and it will not prevent any party from seeking any relief to which it would otherwise be entitled. (Continued on following page.) 2 WHEREFORE PREMISES CONSIDERED, Appellant requests that this appeal be dismissed, with all parties to bear their respective costs. Respectfully submitted, SINGLETON COOKSEY LLP By: “/s/” Randall L. Brim Randall L. Brim State Bar No. 02995400 6363 Woodway, Suite 610 Houston, Texas 77057 (713) 532-6200 (713) 532-6400 (fax) rbrim@singletoncooksey.com ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE This is to certify that the Appellant's counsel has conferred with counsel for Appellees concerning the relief requested in the foregoing Motion. Counsel for Appellee, Estate of Charlotte McGrew has no opposition to the Motion. Counsel for Appellee, T10 Unison Site Management LLC is opposed to the Motion. “/s/” Randall L. Brim 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was forwarded to all counsel of record on January 16, 2015, as set forth below: Lead Attorney for Appellee, T 10 Unison Site Management LLC Mr. Brandon Renken Via Electronic Service Locke Lord LLP 2800 JPMorgan Chase Tower 600 Travis Street Houston, Texas 77002 Of Counsel for Appellee, T 10 Unison Site Management LLC Sidney Levine Via Electronic Service Attorney at Law 110 Main Street, Suite 201 Sealy, Texas 77474 Lead Attorney for Appellees, Estate of Charlotte McGrew Mr. Michael T. Trefny Via Electronic Service Gates, Stein, Gillespie & Trefny 415 Spring Street Columbus, Texas 78934 “/s/” Randall L. Brim 4