Bowen, Miclette & Britt Insurance Agency, LLC v. Christopher Taylor

ACCEPTED
14-15-00788-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
10/1/2015 6:03:56 PM
CHRISTOPHER PRINE
CLERK

NO. 14-15-00788-CV
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOURTEENTH JUDICIAL DISTRICT 10/1/2015 6:03:56 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk

Bowen, Miclette & Britt Insurance Agency, LLC,
Appellant,

v.

Christopher Taylor,
Appellee.

On appeal from the 295th Judicial District Court of Harris County, Texas
The Honorable Caroline Baker, Presiding
Cause No. 2015-03943

APPELLANT’S UNOPPOSED MOTION TO ABATE
APPEAL PENDING FINALIZED SETTLEMENT

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellant Bowen, Miclette & Britt Insurance Agency, LLC (“BMB”) files

this Unopposed Motion to Abate Appeal Pending Finalized Settlement and

requests the Court abate this appeal to allow time for the parties to finalize the

settlement reached by the parties. BMB respectfully shows the Court as follows:

1. On August 17, 2015, BMB filed a notice of appeal of the trial court’s

order denying BMB’s request for a temporary injunction. Since BMB filed its
notice of appeal, the parties have reached an informal settlement which would

dispose of this appeal. The parties are currently finalizing the settlement and it is

anticipated the settlement will be finalized within the next thirty (30) days.

2. The Court has ordered the clerk’s record for this appeal be filed by

October 14, 2015 and the reporter’s record be filed by October 11, 2015. The

Court has also ordered BMB to file BMB’s docketing statement by October 1,

2015.

3. In order to preserve this Court’s resources and avoid unnecessary

expense by the parties, BMB requests the Court abate this appeal so the parties

may finalize their settlement agreement. Once the settlement agreement is

finalized, BMB will seek dismissal of this appeal. In the unlikely event the parties

cannot finalize the settlement agreement, BMB will notify the Court.

4. BMB has conferred with Appellee’s counsel, Mr. Craig Dillard,

regarding the relief requested herein. Appellee is unopposed to an abatement of

the instant appeal pending the parties’ finalization of their settlement agreement.

PRAYER

For the above reasons, BMB respectfully requests the Court grant this

motion and abate the present appeal pending finalization of the settlement

agreement between the parties.

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Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY

By: /s/ C. Larry Carbo, III
William S. Helfand
State Bar No. 09388250
bill.helfand@chamberlainlaw.com
C. Larry Carbo, III
State Bar No. 24031916
larry.carbo@chamberlainlaw.com
Julie R. Offerman
State Bar No. 24070360
julie.offerman@chamberlainlaw.com
1200 Smith Street, Suite 1400
Houston, Texas 77002
Telephone (713) 658-1818
Telecopy (713) 658-2553

ATTORNEYS FOR APPELLANT

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 CERTIFICATE OF CONFERENCE

I hereby certify that the undersigned counsel for Appellant conferred by

email with Appellee’s counsel on September 30, 2015. Appellee does not oppose

abatement of this appeal.

/s/ C. Larry Carbo, III

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing motion has been

served upon the following counsel of record via hand delivery, electronic

submission, facsimile, and/or U.S. Mail on this the October 1, 2015, to the

following:

Rachel Powitzky Steely
Megan Jennings Batchelor
Craig Dillard
GARDERE WYNNE SEWELL, LLP
1000 Louisiana, Suite 3400
Houston, Texas 77002
Fax: 713-276-5555
Email: rsteely@gardere.com
Email: mbatchelor@gardere.com
Email: cdillard@gardere.com

/s/ C. Larry Carbo, III

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