SW Service Center 1, L.P. and SW Service Center 2, L.P. v. Harris County Appraisal District

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ACCEPTED 01-15-00265-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/7/2015 12:36:16 PM CHRISTOPHER PRINE CLERK NO. 01-15-00265-CV In The FILED IN 1st COURT OF APPEALS First Court of Appeals HOUSTON, TEXAS 4/7/2015 12:36:16 PM CHRISTOPHER A. PRINE Houston, Texas Clerk SW Service Center 1, L.P. and SW Service Center 2, L.P. Appellants, v. Harris County Appraisal District Appellee. On Appeal from the 295th Judicial District Court of Harris County, Texas Trial Court Cause No. 2011-56200 APPELLANTSʼ UNOPPOSED MOTION TO DISMISS APPEAL WITHOUT PREJUDICE Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 The Jackson Law Firm 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax Counsel for Appellants TO THE HONORABLE FIRST COURT OF APPEALS: Appellants SW Service Center 1, L.P. and SW Service Center 2, L.P. respectfully request that their appeal be dismissed, without prejudice, pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure. On March 19, 2015, appellants timely filed their notice of appeal, which was assigned to this Court on March 24, 2015, On March 31, 2015, the trial court granted appellantsʼ motion for new trial on issues that were the subject of this appeal. Therefore, appellants no longer desire to pursue this appeal and request that this matter be dismissed without prejudice. WHEREFORE, appellants SW Service Center 1, L.P. and SW Service Center 2, L.P. respectfully request that this appeal be dismissed without prejudice. 2 Respectfully submitted: /s/ Daniel W. Jackson Daniel W. Jackson, SBN 00796817 Scott K. Vastine, SBN 24056469 Jennifer H. Frank, SBN 24087537 3900 Essex Lane, Suite 1116 Houston, Texas 77027 (713) 522-4435 (713) 527-8850 – fax daniel@jacksonlaw-tx.com scott@jacksonlaw-tx.com jennifer@jacksonlaw-tx.com Counsel for Appellants CERTIFICATE OF CONFERENCE I certify that I conferred with appelleeʼs counsel concerning this motion, and that appellee is not opposed to the relief sought in this motion. /s/ Daniel W. Jackson Daniel W. Jackson 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served on all counsel of record, via ProDocs, on April 7, 2015: Patrick J. Dyer Olson & Olson, L.L.P. 2727 Allen Parkway, Suite 600 Houston, Texas 77019-2133 Via email: pdyer@olsonllp.com /s/ Daniel W. Jackson Daniel W. Jackson 4