ACCEPTED
01-14-00870-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/21/2015 2:48:09 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00870-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In the Court of Appeals 8/21/2015 2:48:09 PM
For the First District of Texas CHRISTOPHER A. PRINE
Clerk
Houston, Texas
Elishah Sawyers; Pax Crate & Freight, Inc.;
and Robin Sawyers,
Appellants
vs.
Mark Carter and Sally Carter,
Appellees
Appeal from the 506th Judicial District Court
of Waller County, Texas
Trial Court Cause No. 14-07-22604
SUPPLEMENT TO THE PREVIOUSLY-FILED
UNOPPOSED MOTION OF APPELLANTS, ELISHAH SAWYERS,
PAX CRATE & FREIGHT, INC., AND ROBIN SAWYERS
FOR IMMEDIATE ISSUANCE OF THE MANDATE
TO THE HONORABLE FIRST COURT OF APPEALS:
1. On August 18, 2015, Appellants, Elishah Sawyers, Robin Sawyers
and Pax Crate & Freight, Inc., filed their Unopposed Motion for Immediate
Issuance of the Mandate. In that motion, the Sawyers and Pax Crate
informed the Court that “very shortly after the mandate is issued by the Clerk
of this Court, Elishah Sawyers, Robin Sawyers, and Pax Crate & Freight, Inc.,
intend to file their motion for new trial with the clerk of the trial court.”
2. The Sawyers and Pax Crate file this supplement to their
previously-filed unopposed motion for immediate issuance of the mandate to
notify the Court that Appellants and Appellees have settled all claim in this
lawsuit. Once the Clerk of this Court issues the mandate, the parties will file
with the Waller County District Clerk a joint motion to dismiss the underlying
lawsuit with prejudice. Immediate issuance of the mandate will allow the
parties to finalize disposition of the underlying case once and for all.
WHEREFORE, PREMISES CONSIDERED, Appellants, Elishah
Sawyers; Pax Freight & Crate, Inc.; and Robin Sawyers, respectfully pray that
the Court grant their previously-filed unopposed motion for immediate
issuance of the mandate. Appellants pray that the Court order the Clerk of
this Court to issue the mandate in the above-captioned and numbered appeal
immediately based upon the agreement of all parties so that the parties can
give effect to the terms of their full and final settlement of all claims in the
underlying lawsuit.
Respectfully submitted,
LAW OFFICES OF SCOTT ROTHENBERG
/s/ Scott Rothenberg
SCOTT ROTHENBERG
scott@rothenberglaw.com email
State Bar No. 17316750
2777 Allen Parkway, Suite 1000
Houston, Texas 77019-2165
(713) 667-5300 telephone
(713) 667-0052 telecopier
LEAD COUNSEL FOR APPELLANTS,
ELISHAH SAWYERS, PAX CRATE &
FREIGHT, INC., and ROBIN SAWYERS
Certificate of Conference
Please see paragraph 8 of the previously-filed unopposed motion for the
particulars regarding the conference between counsel for Appellants and
counsel for Appellees.
/s/ Scott Rothenberg
Scott Rothenberg
Certificate of Service
I hereby certify that a true and correct copy of the foregoing supplement
has been forwarded by e-filing and e-service to all lead counsel of record, on
this 21st day of August, 2015, as follows:
Mr. Bruce C. Tough and Ms. Diana Tough
The Tough Law Firm
819 Crossbridge Drive
Spring, Texas 77373
(281) 681-0808 telephone
(281) 681-0809 fax
btough@toughlawfirm.net - email
/s/ Scott Rothenberg
SCOTT ROTHENBERG
Elishah Sawyers, Pax Crate & Freight, Inc. and Robin Sawyers v. Marc Carter and Sally Carter
Combined Opinion