ACCEPTED
01-15-00381-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/7/2015 1:44:08 PM
CHRISTOPHER PRINE
CLERK
FILED IN
1st COURT OF APPEALS
No. 01-15-00381-CV HOUSTON, TEXAS
12/7/2015 1:44:08 PM
CHRISTOPHER A. PRINE
IN THE FIRST COURT OF APPEALS Clerk
HOUSTON, TEXAS
Ali Yazdchi,
Appellant
v.
Wells Fargo Bank, NA,
Appellee
Appeal from Cause No. 2014-23577
215th District Court ofHarris County, Texas
Hon. Elaine H. Palmer, Presiding
Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and
(2) Motion for Immediate Issuance of Mandate
To the Honorable First Court of Appeals:
Pursuant to Texas Rule of Appellate Procedure 42.l(a)(l), Wells Fargo Bank, NA,
appellee, through its undersigned counsel, conferred with the appellant, Ali Y azdchi,
regarding the contents of this motion. Despite best efforts, the parties were unable to
agree on the language and relief to be submitted to this Court for consideraiotn. Given
the basis for appellant's restricted appeal, appellee files this in order promote efficiency
- 1-
APPELLEE WELLS FARGO BANK, NA'S MOTION TO DISMISS APPEAL
AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE
273548-01588
#414824
Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000001
as appellee Wells Fargo Bank, NAhas agreed to vacate the Default Judgment entered by
the 215 111 District Court of Harris County, Texas on or about October 20, 2014 and
requests the Court dismiss the restricted appeal filed by Ali Yazdchi and remand the
matter to the trial court to proceed to a trial on the merits with costs taxed to the party or
parties incurring same. Concurrently with the filings of this Motion, Wells Fargo Bank
NA has filed a proposed Order for consideration with the trial court requesting the same
relief stated herein a copy of which is attached hereto.
Wells Fargo Bank, NA also requests that the Court direct its clerk to issue the
mandate iimnediately pursuant to Texas Rule of Appellate Procedure 18.l(c).
Respectfully submitted,
Is/ Susan 0. Simpson
By_____________________________
Scott E. Hayes
State Bar No. 0928ooso
shayes@vilolaw .com
Susan Oliver Simpson
State Bar No. 24047555
ssimpson@vilolaw .com
VINCENT LOPEZ SERAFINO JENEVEIN, P.C.
1601 Elm Street, Suite 4100
Dallas, Texas 75201
Telephone: (214) 979-7400
Facsimile: (214) 979-7402
Counsel for Appellees
-2 -
AGREED, UNOPPOSED MOTION TO DISMISS APPEAL
AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE
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#414824
Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000002
CERTIFICATE OF CONFERENCE
In compliance with Texas Rule of Appellate Procedure 10.1 (a)(S), I certify that
( 1) I have conferred with Ali Yazdchi, pro se Appellant, and (2) the parties could not
agree on the language or relief contained in the motion despite best efforts.
Is/ Susan 0. Simpson
Susan 0. Simpson
CERTIFICATE OF SERVICE
I certify that a copy of this motion has been served today by certified mail, return
receipt requested and first-class United States mail on pro se appellant, properly posted
and deliverable as follows:
Ali Yazdchi
2100 Tanglewilde, #662
Houston, Texas 77063
Pro Se Appellant
Date: December 7, 2015
Is/ Susan 0. Simpson
Susan 0. Simpson
-3-
AGREED, UNOPPOSED MOTION TO DISMISS APPEAL
AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE
273548-01588
#414824
Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000003
CAUSE NO. 2014-23577
WELLS FARGO BANK, NA, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 215™ JUDICIAL DISTRICT
§
ALI YAZDCHI, §
§
Defendant. § HARRIS COUNTY, TEXAS
ORDER
Wells Fargo Bank, NA agrees that the Default Judgment entered on October 20, 2014 in the
case styled and numbered Wells Fargo Bank, NA v. Ali Yazdchi Cause No. 2014-23577 in the 215th
District Court, Harris County, Texas should be vacated. It is therefore
ORDERED that the Default Judgment entered on October 20, 2014 in that case styled and
numbered Wells Fargo Bank, NA v. Ali Yazdchi, Cause No. 2014-23577 in the 215 1h District Court,
Harris County, Texas is hereby vacated.
It is FURTHER ORDERED that by copy ofthis order, the matter styled and numbered Wells
Fargo Bank, NA v. Ali Yazdchi, Cause No. 2014-23577, Cause No. 2014-23577 in the 215th District
Court, Harris County, Texas is hereby reopened and the matter is returned to active status on the
Court's docket for a new trial on the merits.
All other relief requested in Defendant's Motion to Set Aside the Default Judgment or to
Declare Void Judgment is hereby denied.
Signed on the _ _ day of _ _ _ _ _, 2015.
Judge Presiding
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273548-01588
ORDER PAGEl
Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000004