Youth Empowerment Services, Inc. D/B/A Higgs Carter King Gifted and Talented Charter Academy v. Texas Education Agency, and Michael Williams, in His Official Capacity as the Commissioner of Education

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ACCEPTED 03-15-00441-CV 6809782 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/4/2015 3:46:39 PM JEFFREY D. KYLE CLERK Case No. 03-15-00441-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT 9/4/2015 3:46:39 PM _____________________________________ JEFFREY D. KYLE Clerk YOUTH EMPOWERMENT SERVICES, INC. D/B/A HIGGS CARTER KING GIFTED AND TALENTED CHARTER ACADEMY Plaintiff- Appellant V. TEXAS EDUCATION AGENCY and MICHAEL WILLIAMS, IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF EDUCATION Defendant- Appellee On Appeal from the 345th Judicial District of Travis County, Texas, Cause No. D-1-GN-15-001090 _______________________________ PLAINTIFF- APPELLANT’S UNOPPOSED MOTION TO DISMISS APPEAL WITHOUT PREJUDICE _________________________________________________________ THE LAW OFFICES OF RYAN HENRY, PLLC 1380 Pantheon Way, Ste. 215 San Antonio, Texas 78232 Telephone: (210) 257-6357 Facsimile: (210) 569-6494 ryan.henry@rshlawfirm.com __________________________ Ryan Henry State Bar No. 24007347 September 4, 2015 Counsel for Plaintiff-Appellant 1 NO. 03-15-00441-CV YOUTH EMPOWERMENT § IN THE 3RD COURT OF APPEALS SERVICES, INC. d/b/a HIGGS § CARTER KING GIFTED & § TALENTED CHARTER § ACADEMY § Appellant § § V. § § TEXAS EDUCATION AGENCY § & MICHAEL WILLIAMS, in his § Official Capacity as the § Commissioner of Education § Appellee § TRAVIS COUNTY, TEXAS APPELLANT’S UNOPPOSED MOTION TO DISMISS APPEAL WITHOUT PREJUDICE TO THE HONORABLE JUDGE OF SAID COURT: Appellant, YOUTH EMPOWERMENT SERVICES, INC. d/b/a HIGGS CARTER KING GIFTED & TALENTED CHARTER ACADEMY (hereinafter “HCK”), files this its Motion to Dismiss Appeal Without Prejudice and shows the Court as follows: The Appellant HCK filed this appeal on July 17, 2015 due to the judge in the 345th District Court of Travis County granting Defendant-Appellee’s Plea to the Jurisdiction in its entirety. However, after certain events occurred and while the trial court maintained plenary power, the court granted the Plaintiff a new trial as to at 2 least one of the claims previously dismissed for lack of jurisdiction. As a result, the July 17, 2015 order is interlocutory. Due to the 345th District Court agreeing to a new trial on part of HCK’s claims, HCK moves to dismiss this appeal, without prejudice, so the new trial can move forward on the central docket. HCK reserves the right to appeal the dismissal of the remaining claims once a final order is issued in this case. Wherefore Premise Considered, the Appellant moves this court dismiss, without prejudice, this appeal and for such further relief as it may show itself justly entitled. SIGNED this 4th day of September, 2015. Respectfully submitted, THE LAW OFFICES OF RYAN HENRY, PLLC 1380 Pantheon Way, Ste. 215 San Antonio, Texas 78232 Telephone: (210) 257-6357 Facsimile: (210) 569-6494 ryan.henry@rshlawfirm.com __________________________ Ryan S. Henry State Bar No. 24007347 ATTORNEY FOR APPELLEE 3 CERTIFICATE OF CONFERENCE I certify that I have conferred with Erika Laremont, attorney for Defendant- Appellee, via email, and she is unopposed to Plaintiff- Appellant’s motion to dismiss this appeal without prejudice. BY: ________________________ RYAN S. HENRY 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served in accordance with Texas Rules of Civil Procedure on this the 4th day of September, 2015, as indicated below. Erika Laremont Sent Via Email: General Litigation Erika.Laremont@texasattorneygeneral.gov PO Box 12548 Austin, Texas 78711-2548 Attorney for Defendants/Appellant’s Texas Education Agency and Michael Williams _____________________________ RYAN S. HENRY 5