in the Matter of the Marriage of Tonya Wise and Steven B. Wise

ACCEPTED
12-17-00382-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/19/2017 10:10 AM
Pam Estes
CLERK

CAUSE NO. 12-17-003S2-CV

FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
IN THE TWELFTH COURT OF APPEALS
AT TYLER, TEXAS 12/19/2017 10:10:33 AM
PAM ESTES
Clerk

IN THK MATTER OF THE MARRIAGE OF

TONYA WISE,
APPKLLEK.

AND

STEVEN B. WISE,
APPELLANT.

On Appeal from the 321" District Court
of Smith County, Texas

APPELLANT'S MOTION TO DISMISS APPEAL AS MOOT

TO THE HONORABLE JVSTICE OF THE COURT OF APPKALS:

COMES NOW, STEVEN B. W!SE, Appellant in the above-entitled and numbered cause

files the following Motion to Dismiss Appeal and in support thereof would respectfully show the

Court the following:

This is an appeal &om Cause No. 16-2260-D; In the Matter of the Marriage of Tonya

Wise and Steven B. Wise, in the 321"District Court of Smith County, Texas.

2. The trid court granted a motion for new trial in this matter which has mooted the

APPELLANT'S MOTION TO DISMISS APPEAL AS MOOT PAGE I
need for this appeal. See attached Exhibit A.

3. Additionally, the parties have settled this case. The tri8 court granted a new trial to

allow the parties time to submit an amended judgment documenting the parties settlement

agreement. The order granting new trial which is attached states that the parties have settled the case

and will present an agreed judgment to the trial court. Therefore, appellant requests the court to

dismiss this appeal as moot.

WHEREFORE, PREMISES CONSIDERED, Appellant, STEVEN B.WISE, respectfully

asks the Cont to grant this Motion to Dismiss this appeal, as moot, and that Appellant be granted

such other and further relief, either at law or in equity, to which the Appellant may show just

entitlement.

Respectfully submitted,
LISA MORAN, ATTORNEY AT LAW
100 E. Ferguson, Suite 1100
Tyler, Texas 75702
(903) 504-5004
(903) 595-4534 (Fax)

By: /s/Lisa Moran
LISA MORAN
State Bar No. 00795542
EVAN BARAT
State Bar No. 24083233

APPELLANT'S MOTION TO DISMISS APPEAL AS MOOT PAGE 2
 THE GOOD LAW FIRM
Law Office Of Ken W. Good, PLLC
5604 Old Bullard Rd. Suite 102
Tyler, Texas 75701
(903) 579-7507
(866) 381-0455 (Fax)

By: /s/Ken W. Good
KEN W. GOOD
State Bar No. 08139200

ATTORNEYS FOR STEVEN 8. WISE

CERTIFICATE OF SERVICE

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

to attorneys of record by the electronic service system unless otherwise indicated below on this the

18'" day of December, 2017.

Mr, Sam George
400 Troup Road
Tyler, Texas 75701

/s/ Ken W. Good
KEN W. GOOD

APPELLANT'S MOTION TO DISMISS APPEAL AS MOOT PAGE 3
EXHIBIT A
 CAUSE NO. 16-2260-D
20t7
IN THE 1VhQUUAGE OF
THE MAIRRL4. GK OF Rtcr URT, sMITH CQ., TX
SY Df.'t JTY
TONYA WISE
AND 321 JUDICIAL DISTMCT COURT
STEVEN B. WISE
AND IN THK INTEREST OF L.W. ,
A CHILD SMITH COUNTY, TEXAS

ORDER GRANTING RESPONDENT'S STEVEN WISE'S
MOTION FOR NEW TRIAL

ON THIS DAY came on to be heard Respondent, Steven Wise's Motion for New Trial. The

Court, after reviewing the pleadings, the motion, and Petitioner's response, and after hearing the

argument's of counsel determines that the motion is well taken and should be GRANTED.

IT IS, THEREFORE ORDERED, ADJUDGED AND DECREED, that Respondent's

Motion for New Trial is in all things GRANTED and the previous judgment entered in this case is

in all things VACATED and SET ASIDE.

The parties have reached a settlement of this case. Therefore, the parties will present an

agreed judgment to the. court.

SIGNED this A deyefDeeeethet, 2017.

JUDGE PRESIDING