ACCEPTED
01-15-00146-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/11/2015 11:01:59 AM
CHRISTOPHER PRINE
CLERK
Cause No. 01-15-00146-CV
___________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS 6/11/2015 11:01:59 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
___________________________________
ALL AMERICAN RIGGING COMPANY, INC.
Appellant
v.
EDWARD D. DYSARZ
Appellee
___________________________________
On Appeal from the 61st District Court of Harris County, Texas
Cause No. 2012-48784
___________________________________
UNOPPOSED MOTION TO ABATE APPEAL PENDING SETTLEMENT
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
COMES NOW Appellant All American Rigging Company, Inc., and
pursuant to Tex. R. App. P. 10.1, files this Motion to Abate Appeal and in support
thereof, would respectfully show as follows:
1. All American Rigging, the Appellant, has agreed to a settlement in
principle with Edward D. Dysarz, the Appellee, pending preparation and approval
by all parties of all settlement terms and documents.
2. In the interest of efficiency and of giving time for this settlement to be
finalized, Appellant requests that the Court abate this appeal and the briefing
deadlines for 30 days, that is, until July 15, 2015, and extend the deadline for
mediation by a similar period, that is, until July 27, 2015. When the settlement is
final, Appellant will file a motion for voluntary dismissal of this appeal.
4. This motion is not filed for the sole purpose of delay but to ensure that
justice is done.
5. Edward D. Dysarz is not opposed to this motion.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant All American
Rigging Company, Inc. respectfully requests that this Court grant the Motion to
Abate, including all of the relief requested herein. Appellant also requests all such
other and further relief to which it may be justly entitled.
` Respectfully submitted,
/s/ Douglas Pritchett, Jr.
Douglas Pritchett, Jr.
Texas Bar No. 24007877
JOHNSON, TRENT, WEST & TAYLOR, L.L.P.
919 Milam Street, Suite 1700
(713) 222-2323 (Telephone)
(713) 222-2226 (Facsimile)
dpritchett@johnsontrent.com
COUNSEL FOR APPELLANT
ALL AMERICAN RIGGING CO., INC.
2
CERTIFICATE OF CONFERENCE
I hereby certify that on this 11th day of June 2015, I consulted with Andrew
Totz, counsel for Edward D. Dysarz, and was informed that Mr. Dysarz does not
oppose the relief requested in this motion.
/s/ Douglas Pritchett, Jr.
Douglas Pritchett, Jr.
CERTIFICATE OF SERVICE
On this the 11th day of June 2015, the foregoing Motion to Abate Appeal
was served on the following persons by electronic service:
D. John Neese, Jr.
HAWASH, MEADE, GASTON, NEESE & CICACK, LLP
2118 Smith Street
Houston, Texas 77002
(713) 658-9010 (Telephone)
(713) 658-9010 (Facsimile)
jneese@hmgnc.com
Andrew B. Totz
Totz Ellison & Totz, P.C.
2211 Norfolk Street, Suite 510
Houston, Texas 77098
(713) 275-0305 (Telephone)
(713) 275-0306 (Facsimile)
atotz@tetlegal.com
/s/ Douglas Pritchett, Jr.
Douglas Pritchett, Jr.
440287
3
All American Rigging Company, Inc. v. Edward D. Dysarz
Combined Opinion