Gregory Joe Wickline v. Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, Acting for and on Behalf of Oklahoma State University And James Michael Holder, in His Individual Capacity and in His Capacity as Vice President for Athletic Programs and Director Of
ACCEPTED
03-15-00077-CV
8407721
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/30/2015 12:10:34 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00077-CV
FILED IN
IN THE COURT OF APPEALS FOR THE3rd AUSTIN,
COURT OF APPEALS
TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS
12/30/2015 12:10:34 PM
AT AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
GREGORY JOE WICKLINE,
APPELLANT – PLAINTIFF,
V.
BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURAL AND MECHANICAL
COLLEGES; AND JAMES MICHAEL HOLDER,
APPELLEES – DEFENDANTS.
Appeal from the 98th Judicial District Court of Travis County, Texas
Cause No. D-1-GN-14-004391
APPELLANT’S AGREED MOTION TO DISMISS APPEAL
Appellant – Plaintiff Gregory Joe Wickline files this agreed motion to
dismiss this appeal, and in support thereof would respectfully show as follows:
There is no longer a controversy between the parties as to the issues
presented by this appeal, and the parties agree this appeal should be dismissed.
This Court has authority to grant this agreed motion to dismiss because there is no
longer an issue in controversy.1 When the issues presented by an appeal have been
1
See Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012); Tex. A&M Univ.-
Kingsville v. Yarbrough, 347 S.W.3d 289, 291 (Tex. 2011).
resolved and the appeal is moot, the Texas Supreme Court has held an appellate
court is without jurisdiction to issue an opinion or render judgment because it
would be purely advisory.2 Because the parties agree there is no longer a
controversy between them, this appeal is therefore moot and it must be dismissed.
WHEREFORE, PREMISES CONSIDERED, Mr. Wickline respectfully
requests an order granting this agreed motion and dismissing this appeal, allocating
costs to the party incurring the same, and for such other and further relief to which
he may be justly entitled.
Dated: December 30, 2015 Respectfully submitted,
BECK REDDEN LLP
/s/ David J. Beck________________
David J. Beck
State Bar No. 00000070
dbeck@beckredden.com
1221 McKinney Street, Suite 4500
Houston, Texas 77010
Tel. (713) 951-3700
Fax (713) 951-3720
Karson K. Thompson
State Bar No. 24083966
kthompson@beckredden.com
Christopher Cowan
State Bar No. 24084975
ccowan@beckredden.com
BECK REDDEN LLP
515 Congress Avenue, Suite 1900
Austin, Texas 78701
2
Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993).
-2-
Tel. (512) 708-1000
Fax (512) 708-1002
Attorneys for Appellant – Plaintiff
Gregory Joe Wickline
CERTIFICATE OF CONFERENCE
I hereby certify that on December 29, 2015, I conferred with Counsel for
Appellants by e-mail regarding the relief sought by this motion, and he indicated
the motion is agreed.
/s/ David J. Beck___________________
David J. Beck
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this document was delivered on December
30, 2015, in compliance with Rules 9.5(b) of the Texas Rules of Appellate
Procedure, to the parties listed and in the manner indicated below.
Sean E. Breen Electronic service
sbreen@howrybreen.com □ In person
Randy R. Howry □ Registered mail, return receipt requested
rhowry@howrybreen.com □ Commercial delivery service
James Hatchitt □ Facsimile
jhatchitt@howrybreen.com Electronic mail
HOWRY BREEN & HERMAN, LLP
1900 Pearl Street
Austin, Texas 78705-5408
Telephone: (512) 474-7300
Facsimile: (512) 474-8557
Attorneys for Appellees – Defendants
Board of Regents for the Oklahoma
Agricultural and Mechanical
Colleges and James Michael Holder
/s/ David J. Beck___________________
David J. Beck
-3-