ACCEPTED
03-15-00554-CV
6864486
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/10/2015 11:56:11 AM
JEFFREY D. KYLE
CLERK
03-15-00554-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD DISTRICT OF AUSTIN 9/10/2015 11:56:11 AM
JEFFREY D. KYLE
Clerk
AUSTIN TELE-SERVICES LLC DBA AUSTIN TELE-SERVICES LP AKA ATS,
Appellant,
v.
FUTURENET GMBH,
Appellee.
Restricted Appeal from Cause No. C-1-CV-15-003365, Futurenet GMBH v.
Austin Tele-Services LLC dba Austin Tele-Services LP aka ATS, in the County
Court at Law No. 1 of Travis, County, Texas
APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL
Jillian J. Keith
State Bar No. 24013671
Sara E. Inman
State Bar No. 24073098
Lawrence A. Waks
State Bar No. 20670700
Wilson, Elser, Moskowitz,
Edelman & Dicker LLP
901 Main Street, Suite 4800
Dallas, Texas 75202
(214) 698-8000
(214) 698-1101 Facsimile September 10, 2015
Appellant's Unopposed Motion to Dismiss Appeal Page 1 of 4
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APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL
1. Appellant filed notice of its restricted appeal on August 28, 2015. On August
31, 2015, Appellant and Appellee entered into a compromise agreement
regarding matters related to Appellee's claims and causes of action against
Appellant. As part of that compromise agreement, Appellant and Appellee
agreed to file a Joint Motion to Vacate Default Judgment and Writ of
Execution with the trial court.
2. The Joint Motion to Vacate and Agreed Order Granting the Motion to
Vacate Default Judgment and Writ of Execution were filed with the trial
court on September 1, 2015. The trial court judge signed the order on
September 8, 2015. A copy of the order is attached hereto as Exhibit A.
3. Pursuant to Texas Rule of Appellate Procedure 42.1, Appellant must file a
motion with the Court for dismissal. Under Rule 42.1(a)(1) "[i]n accordance
with a motion of appellant, the court may dismiss the appeal.....unless such
disposition would prevent a party from seeking relief to which it would
otherwise be entitled."
4. Appellant seeks an order from this Court dismissing Appellant's appeal.
5. Dismissal of the appeal would not prevent a party from seeking relief to
which it would otherwise be entitled. Appellant and Appellee agree that
dismissal of the appeal is in the interest of both parties.
Appellant's Unopposed Motion to Dismiss Appeal Page 2 of 4
2096156v.1
6. Because dismissal of the appeal would not prevent either party from seeking
relief to which they would be otherwise entitled, the Court should grant the
relief sought by this Motion to Dismiss Appeal.
7. Appellant and Appellee agree that each party shall bear its own costs.
8. Appellant and Appellee agree that the mandate should be issued early.
Respectfully submitted,
Wilson, Elser, Moskowitz,
Edelman Dicker LLP
By:
Lawren A. Waks
State Bar No. 20670700
lawrence.waks@wilsonelser.com
Jillian Keith
State Bar No. 24013671
jillian.Keith@wilsonelser.corn
Sara E. Inman
State Bar No 24073098
sara.inman@wilsonelser.corn
901 Main Street, Suite 4800
Dallas, Texas 75202
(214) 698-8000
(214) 698-1101 Facsimile
Attorneys For Appellant
Appellant's Unopposed Motion to Dismiss Appeal Page 3 of 4
2096156v.1
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument has been
forwarded to Appelle's counsel of record via the Texas Rules of Civil Procedure
on this the 10th day of September, 2015.
VIA FAX(512-264-3782)
Michael G. Null
State Bar No. 15134300
20209 W. HWY 71
Spicewood, TX 78669
(512) 264-1156
CERTIFICATE OF CONFERENCE
The undersigned hereby certifies that she conferred with counsel for
Appellee, Michael Null, on September 9, 2015 via phone. Counsel for Appellee
supports the filing of this motion.
Sar . Inman
Appellant's Unopposed Motion to Dismiss Appeal Page 4 of 4
2096156v.1
CAUSE NO, C-1-CV-15-003365
FUTURENET GMBH, IN THE COUNTY COURT OF
Plaintiff,
vs„ AT LAWN°. 1 OF
AUSTIN TELE-SERVICES LLC dba
AUSTIN TELE-SERVICES LP aka ATS,
Defendant, TRAVIS COUNTY, TEXAS
ORDER GRANTING JOINT MOTION TO VACATE DEFAULT JUDGMENT AND,
WRIT OF EXECUTION
On this day came to be heard Plaintiff Futurenet GMBH and Defendant Austin Tele-
Services I,LC dba Austin Tele•Services LP aka ATS's Joint Motion to Vacate Default Judgment
and Writ of Execution, The Court, after considering all matters of record is of the opinion that
the motion is meritorious and should be GRANTED.
It is therefore ORDERED that the Default Judgment against Defendant Austin Tele-
Services LLC dba Austin Tele-Services LP aka ATS signed and entered of record on June 24,
2015, as well as the Writ of Execution, signed and issued on July 30, 2015, by this Court, is
hereby VACATED.
SIGNED:on. o 6-
Approved as toform:
LAW WALKS
2091092v,1
State Bar No 20670700
lawrence.waks@wilsonelser.coM
JILLIAN KEITH
State Bar No, 24013671
jillign,Kcitit(Wilaonelser,com
SARA E. INMAN
State Bar No 24073098
lara.itLrnala.,‘Yilsotielser,00m,
901 Main Street, Suite 4800
Dallas, Texas 75202
(214) 698-8000
(214) 6981101 Facsimile
ATTORNEYS FOR DEFXINDA T
AN
MICHAEL G. NULL
State Bar No, 15134300
irmall&ait4spring,eorn
20209 W HWY 71
Spicewood, TX 78669
(512) 264-1156
(512) 2643782 Facsimile
ATTORNEY FOR PLAINTIFF
2091092v.1