in Re Jose Gomez and Eduardo Gomez, Individually and as Former Representatives of MaCarty Truck Wash & Lube, Inc. Gomez McCarty Truck Wash and Lube Inc. F/K/A McCarty Truck Wash and Lube, Inc., and Brothers Tire Services, Inc.

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ACCEPTED 14-15-00401-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/19/2015 12:20:49 PM CHRISTOPHER PRINE CLERK NO. 14-15-00401-CV __________________________________________________________________ IN THE COURT OF APPEALS FILED IN 14th COURT OF APPEALS FOR THE FIRST OR FOURTEENTH DISTRICT OFHOUSTON, TEXAS TEXAS __________________________________________________________________ 5/19/2015 12:20:49 PM CHRISTOPHER A. PRINE Clerk IN RE JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES __________________________________________________________________ ORIGINAL PROCEEDING IN THE 215TH DISTRICT COURT OF HARRIS COUNTY, TEXAS CAUSE NO. 2010-56104 THE HONORABLE JUDGE ELAINE H. PALMER, PRESIDING __________________________________________________________________ RELATORS’ MOTION TO DISMISS _________________________________________________________________ Steve M. Williard Texas Bar No. 00788684 The Williard Law Firm, L.P. 1920 N. Memorial Way, Suite 207 Houston, Texas 77007 Phone: (713) 529-6300 Fax: (713) 529-6315 E-mail: steve@williardlaw.com ATTORNEY FOR RELATORS, JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES TO THE HONORABLE JUDGE OF SAID COURT. COMES NOW, JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES (collectively “Relators”) and files this their Motion to Dismiss Against MANUEL D. PINEDA, SUCCESSOR TO MCCARTY TRUCK WASH & LUBE, INC. (“Pineda”), MCCARTY TRUCK WASH & LUBE, L.L.C. (“McCarty”) and JUAN MUNOZ (“Munoz”) (Pineda, McCarty and Munoz collectively “Real Parties In Interest”) in connection with the above referenced appeal, and in support thereof, respectfully shows the Court as follows: I. FACTUAL BACKGROUND 1. This appeal was filed on or about May 4, 2015. Relators’ have settled their claims against Real Parties In Interest in their entirety (see Agreed Judgment and Permanent Injunction attached hereto as Exhibit “A” and incorporated herein by reference). Relators’ now desire to dismiss their Motion for Emergency Stay and Petition for Writ of Mandamus. 1 II. REQUEST FOR DISMISSAL 2. Relators’ request that the Court dismiss the Motion for Emergency Stay and Petition for Writ of Mandamus filed by Relators’ in this appeal. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Relators, JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES respectfully pray that the Court grant their Motion to Dismiss their Motion for Emergency Stay and Petition for Writ of Mandamus . Respectfully submitted, /s/ Steve M. Williard Steve M. Williard Texas Bar No. 00788684 The Williard Law Firm, L.P. 1920 N. Memorial Way, Suite 207 Houston, Texas 77007 Phone: (713) 529-6300 Fax: (713) 529-6315 E-mail: steve@williardlaw.com 2 ATTORNEY FOR RELATORS, JOSE GOMEZ AND EDUARDO GOMEZ, INDIVIDUALLY AND AS FORMER REPRESENTATIVES OF MCCARTY TRUCK WASH & LUBE, INC., GOMEZ MCCARTY TRUCK WASH & LUBE, INC. F/K/A MCCARTY TRUCK WASH & LUBE, INC. AND BROTHERS TIRE SERVICES, INC. D/B/A MCCARTY TRUCK WASH, LUBE AND TIRES 3 CERTIFICATE OF SERVICE I certify that a copy of the foregoing document was served on all parties and/or counsel as required by the Texas Rules of Appellate Procedure by electronic filing service, U.S. mail, fax, and/or personal delivery on May 19, 2015 as follows: Via Electronic Filing Service Ms. Elizabeth Burkhardt Saenz & Burkhardt, P.L.L.C. 5503 Lawndale Houston, Texas 77023 Phone: (832) 922-2919 Fax: (713) 468-5932 E-mail: Elizabeth@SaenzBurkhardt.com Attorney for Real Parties In Interest: Manuel D. Pineda, Successor to McCarty Truck Wash and Lube, Inc., McCarty Truck Wash & Lube, L.L.C. and Juan Munoz Via Certified Mail/RRR #70143490000010100402 The Honorable Judge Elaine H. Palmer 215th Harris County District Court 201 Caroline, Floor 13 Houston, Texas 77002 Phone: (713) 368-6330 Respondent /s/ Steve M. Williard Steve M. Williard F:\Files\Gomez, Eduardo\McCarty Truck Wash Lit\Appeal Matter (Second)\06 Motion to Dismiss.wpd 4