in Re: Christy and Kory Hill

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ACCEPTED 12-15-00115-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 6/11/2015 4:38:56 PM CATHY LUSK CLERK CASE NO. 12-15-00115-CV IN RE CHRISTY AND KORY HILL § IN THE COURT OF APPEALS FILED IN § 12th COURT OF APPEALS TYLER, TEXAS § § IN AND FOR6/11/2015 THE 6TH4:38:56 PM DISTRICT CATHY S. LUSK § Clerk § § OF THE STATE OF TEXAS AGREED MOTION TO DISMISS TO THE HONORABLE JUSTICES OF THE COURT: The parties have reached an agreement that the defendants will voluntarily disclose the net worth discovery requested in the petition for writ of mandamus. A Rule 11 agreement to that effect is enclosed. The parties respectfully request that this comi dismiss the petition, as the underlying controversy has been resolved. Respectfully submitted, SNOW E. BUSH, JR., P .C. 420 N. Center Street Longview, TX 75601 Tel. (903) 753-7006 Fax. (903) 753-7278 E-mail: jonathanwharton l@sbcglobal.net Isl Jonathan Whmton By: _ _ _ _ _ _ _ _ _ __ JONATHAN WHARTON STATE BAR NO. 24075764 ATTORNEY FOR RELATORS, CHRISTY AND KORY HILL CERTIFICATE OF SERVICE I hereby ce1tify that a hue and correct copy of the above and foregoing has been delivered to Adam B. Allen, counsel for the Real Pai1ies-in-lnterest, on this the I Ith day ofJune, 2015. Isl Jonathan Wharton JONA THAN WHARTON WHITE SHAVER A PROFESSIONAL CORPORATION Adam B. Allen 205 W. Locust, Tyler, Texas 75702 Office: (903) 533-9447 Fax: (903) 595-3766 AAllcn@\VhiteShaverLa\v.co1n June 11, 2015 Via Email Mr. Jonathan Whmion Attorney at Law 420 N. Center St. Longview TX 75601 Re: Cause No. 2014-2357-A; Hill v. Shaw, et al; 188'h District Cami, Gregg County, Texas Dear Jonathan: Please allow this letter to confirm our agreement made pursuant to Rule 11 of the Texas Rules of Civil Procedure. This agreement will pertain specifically to the following: 1) Defendants each agree to provide a net-worth statement in response to Plaintiffs' second set of interrogatories and request for production. Plaintiffs' concede that defendants' agreement to produce the requested information to plaintiffs renders the underlying mandamus concerning the trial judge's rnling on the 'non-discoverability' of this infonnation 'moot.' 2) h1·espective of the above, Defendant Engines Unlimited intends to assert a cross-claim for contribution and indemnity against the seller of the subject vehicle. Defendant will contend, through information and belief, that the seller who was in a superior bargaining position, knowingly concealed a defect with the vehicle - namely that the engine of the vehicle was a 'lemon' or strncturally impaired to the point of worthlessness. 3) Defendant further agrees that the filed and pending 'mechanic's lien' filed in Gregg County will be removed. 4) In exchange for the above concessions and agreements, plaintiff agrees to voluntarily dismiss the pending mandamus filed with the Twelfth Court of Appeals, styled In re Christy and K01y Hill, filed on May I, 2015. 5) Plaintiff also agrees that he will dismiss the pending motion( s) to remove invalid lien currently pending and set for hearing. In conjunction with this agreement, plaintiffs agree to relieve Mr. Andrew Shaw of his responsibility to appear pursuant to a subpoena HOUSTON • TYLER • DALLAS www.WhiteShaverLaw.com requiring him to appear for hearing on plaintiffs' motion(s) to declare mechanic's lien invalid. If the above accurately sets forth our agreements on the stated issues, please sign in the space provided below. If you'd like to discuss the language of the parties' agreement, please feel free to contact me at 903-533-9447, or on my cell at 903-312-6219. Yours ve1y truly, WHITE /. . l SHAVER Adam B. Allen ABA/mkr AGREED: