Annie East v. Southwest Cimm's Inc. D/B/A Burger King 1002 A/K/A Cimm's Incorporated

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ACCEPTED 01-13-00046-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 2:13:03 PM CHRISTOPHER PRINE CLERK No. 01-13-00046-CV _________________________________________________________________ FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 4/10/2015 2:13:03 PM FOR THE FIRST DISTRICT OF TEXASCHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk ____________________ Annie East, Appellant, v. Southwest Cimm’s, Inc. d/b/a Burger King #1002 a/k/a Cimm’s Incorporated, Appellee. ____________________ On Appeal from the County Court at Law No. Two (2) Harris County, Texas Cause No. 997701 JOINT MOTION TO DISMISS Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, Appellant and Appellee file this joint motion to dismiss and in support, would show: A. Appellant and Appellee no longer wish to pursue an appeal of this case. All matters between Appellant and Appellee have been settled and resolved. B. For this reason, the Appellant and the Appellee request that this Court dismiss this appeal with prejudice. Respectfully submitted, By: /s/ Otha T. Carpenter* Otha T. Carpenter saxofpraise@aol.com State Bar Number 03847500 4606 FM 1960 W., Suite 400 Houston, Texas 77069 Telephone (713) 227-2833 Facsimile (281) 315-8863 COUNSEL FOR APPELLANT THE HUDGINS LAW FIRM A PROFESSIONAL CORPORATION By: /s/ Nicole James Petrelli Spencer Edwards State Bar Number 90001513 sedwards@hudgins-law.com Nicole James Petrelli State Bar Number 24035568 npetrelli@hudgins-law.com 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 COUNSEL FOR APPELLEE *with permission 2 CERTIFICATE OF SERVICE Pursuant to Rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true and correct copy of the foregoing Joint Motion to Dismiss was served on the following: Otha T. Capenter saxofpraise@aol.com 4606 FM 1960 West, Suite 400 Houston, Texas 77069 Counsel for Appellant via electronic service on this 10th day of April 2015. /s/ Nicole James Petrelli Nicole James Petrelli 3