ACCEPTED
03-11-00807-CV
4882023
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/14/2015 1:53:01 PM
JEFFREY D. KYLE
CLERK
NO. 03-11-00807-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS OF TEXAS AUSTIN, TEXAS
4/14/2015 1:53:01 PM
JEFFREY D. KYLE
Clerk
JANOS FARKAS,
Appellant
v.
SECOND CONGRESS, LTD
Appellee
APPEAL FROM THE 261'' DISTRICT COURT
TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-10-003632
AGREEMENT TO DISMISS
Pursuant to TEX. R. APP. P. 42.1(a)(2) and 18.1(c), Appellant Janos Farkas
and Appellee Second Congress, Ltd. (collectively "Parties", individually "Party")
respectfully state:
1. This appeal is from the judgment entered in Cause No. D-1-GN -10-003632, in
the 261" District Court, Travis County, Texas on August 11, 2011
("underlying case").
2. Appellant timely appealed and this appellate Court issued a memorandum
opinion on this and two related appeals on April 25, 2014.
AGREEMENT TO DISMISS
3. Appellant filed a motion for rehearing on July 11, 2014. No decision has been
rendered by the Court on Appellant's motion for rehearing.
4. The Parties have since entered into a settlement agreement concerning the
underlying case and related proceedings and seek to dismiss the cause.
5. The Parties request that costs be assessed against the Party that incurred them.
6. The Parties do not request that the mandate issue early.
For these reasons and by agreement of the Parties as evidenced by the
signatures of their counsel below, the Parties request the Court grant an Order
dismissing the cause and taxing the costs of appeal against the party incurring
them.1
SBN: 00784367
~2~~ avid A. Rogers
SBN: 24014089
:;--
SAVRICK SCHUMANN JOHNSON LAW OFFICE OF DAVID ROGERS
MCGARR KAMINSKI & SHIRLEY, LLP 120 1 Spyglass, Suite 100
The Overlook at Gaines Ranch Austin, Texas 78746
4330 Gaines Ranch Loop, Suite 150 (512) 923-1836 (TEL)
Austin, Texas 78735 (512) 201-4082 (FAX)
(512) 347-1604 (TEL) darogers@aol.com
(512) 347-1676 (FAX)
bob@ssjmlaw.com Mr. William B. Gammon
SBN: 07611280
Attorneys for Appellee Second Gammon Law Office, P.L.L.C.
Congress, Ltd. 1201 Spyglass Drive, Suite 100
1
Dismissal of related cause 03-14-00108-CV is being sought by separate pleading/motion.
AGREEMENT TO DISMISS 2
Austin, TX 78746
(512) 472-8909 (TEL)
(888) 545-4279 (FAX)
billgammon@mac.com
Attorneys for Appellant Janos Farkas
AGREEMENT TO DISMISS 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served in
accordance with Tex. R . App. P. 9.5 and Local Rule 4 in the manner indicated
below on April14, 2015:
Attorney for Appellee
Robert L. Kaminski (viae-serve)
SAvRICK ScHuMANN JoHNSON McGARR KAMINSKI & SHIRLEY, LLP
The Overlook at Gaines Ranch
4330 Gaines Ranch Loop, Suite 150
~~~
Austin, Texas 78735
Is/ David A. Rogers
David A. Rogers
AGREEMENT TO DISMISS 4