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