ACCEPTED
12-15-00115-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
6/11/2015 4:38:56 PM
CATHY LUSK
CLERK
CASE NO. 12-15-00115-CV
IN RE CHRISTY AND KORY HILL § IN THE COURT OF APPEALS
FILED IN
§ 12th COURT OF APPEALS
TYLER, TEXAS
§
§ IN AND FOR6/11/2015
THE 6TH4:38:56 PM
DISTRICT
CATHY S. LUSK
§ Clerk
§
§ OF THE STATE OF TEXAS
AGREED MOTION TO DISMISS
TO THE HONORABLE JUSTICES OF THE COURT:
The parties have reached an agreement that the defendants will voluntarily disclose the net
worth discovery requested in the petition for writ of mandamus. A Rule 11 agreement to that effect
is enclosed. The parties respectfully request that this comi dismiss the petition, as the underlying
controversy has been resolved.
Respectfully submitted,
SNOW E. BUSH, JR., P .C.
420 N. Center Street
Longview, TX 75601
Tel. (903) 753-7006
Fax. (903) 753-7278
E-mail: jonathanwharton l@sbcglobal.net
Isl Jonathan Whmton
By: _ _ _ _ _ _ _ _ _ __
JONATHAN WHARTON
STATE BAR NO. 24075764
ATTORNEY FOR RELATORS,
CHRISTY AND KORY HILL
CERTIFICATE OF SERVICE
I hereby ce1tify that a hue and correct copy of the above and foregoing has been delivered
to Adam B. Allen, counsel for the Real Pai1ies-in-lnterest, on this the I Ith day ofJune, 2015.
Isl Jonathan Wharton
JONA THAN WHARTON
WHITE SHAVER
A PROFESSIONAL CORPORATION
Adam B. Allen 205 W. Locust, Tyler, Texas 75702
Office: (903) 533-9447
Fax: (903) 595-3766
AAllcn@\VhiteShaverLa\v.co1n
June 11, 2015
Via Email
Mr. Jonathan Whmion
Attorney at Law
420 N. Center St.
Longview TX 75601
Re: Cause No. 2014-2357-A; Hill v. Shaw, et al; 188'h District Cami, Gregg County,
Texas
Dear Jonathan:
Please allow this letter to confirm our agreement made pursuant to Rule 11 of the Texas
Rules of Civil Procedure. This agreement will pertain specifically to the following:
1) Defendants each agree to provide a net-worth statement in response to Plaintiffs' second
set of interrogatories and request for production. Plaintiffs' concede that defendants'
agreement to produce the requested information to plaintiffs renders the underlying
mandamus concerning the trial judge's rnling on the 'non-discoverability' of this
infonnation 'moot.'
2) h1·espective of the above, Defendant Engines Unlimited intends to assert a cross-claim for
contribution and indemnity against the seller of the subject vehicle. Defendant will
contend, through information and belief, that the seller who was in a superior bargaining
position, knowingly concealed a defect with the vehicle - namely that the engine of the
vehicle was a 'lemon' or strncturally impaired to the point of worthlessness.
3) Defendant further agrees that the filed and pending 'mechanic's lien' filed in Gregg
County will be removed.
4) In exchange for the above concessions and agreements, plaintiff agrees to voluntarily
dismiss the pending mandamus filed with the Twelfth Court of Appeals, styled In re
Christy and K01y Hill, filed on May I, 2015.
5) Plaintiff also agrees that he will dismiss the pending motion( s) to remove invalid lien
currently pending and set for hearing. In conjunction with this agreement, plaintiffs agree
to relieve Mr. Andrew Shaw of his responsibility to appear pursuant to a subpoena
HOUSTON • TYLER • DALLAS
www.WhiteShaverLaw.com
requiring him to appear for hearing on plaintiffs' motion(s) to declare mechanic's lien
invalid.
If the above accurately sets forth our agreements on the stated issues, please sign in the
space provided below. If you'd like to discuss the language of the parties' agreement, please feel
free to contact me at 903-533-9447, or on my cell at 903-312-6219.
Yours ve1y truly,
WHITE /. . l SHAVER
Adam B. Allen
ABA/mkr
AGREED: