ACCEPTED
01-15-00360-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/5/2015 8:56:45 AM
CHRISTOPHER PRINE
CLERK
Case No. 01-15-00360-CV
COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
AT HOUSTON, TEXAS 6/5/2015 8:56:45 AM
CHRISTOPHER A. PRINE
Clerk
LEECO STEEL, LLC,
Appellant-Intervenor,
v.
GLOBENET METALS, LLC,
Appellee,
and
AUBREY R. CONNER AND PIERCE METALS, LLC
Appellee.
On Appeal from the 353rd Judicial District Court
Travis County, Texas
APPELLANT'S MOTION TO DISMISS APPEAL
TO THE HONORABLE COURT OF APPEALS:
Appellant Leeco Steel, LLC files its request for the Court to dismiss this
appeal.
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1. Appellant is a judgment creditor of Appellee Pierce Metals, LLC
("Pierce Metals") and intervened to challenge a turnover order entered in a
separate proceeding initiated by Appellee GlobeNet Metals, LLC ("GlobeNet").
GlobeNet also purports to be a judgment creditor of Pierce Metals. Appellant did
not receive notice of the separate proceeding until the turnover order had been
entered and therefore proceeded to file this appeal.
2. Appellant and GlobeNet have agreed to a private resolution of the
matters subject to Appellant's appeal. Appellant is therefore withdrawing its
appeal.
3. Appellant asks the Court to dismiss this appeal without issuance of
any ruling as to the merits of the appeal, pursuant to Texas Rule of Appellate
Procedure 42.1 (a)(1).
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Respectfully submitted,
FEE, SMITH, SHARP & VITULLO, L.L.P
bsanders@feesmith.com
JEFFREY D. BOYD
State Bar No. 24069404
jboyd@feesmith.com
816 Congress Avenue, Suite 1265
Austin, Texas 78704
(512) 479-8400
(512) 479-8402 [Fax]
ATTORNEYS FOR APPELLANT
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing was served on all parties of record and the following in accordance
with the Texas Rules of Appellate Procedure, as follows on the 5th day of June,
2015:
Via Facsimile & Certified Mai/IR.RR Via Email and Certified Mail/RRR
Matias Garcia Aubrey R. Conner
Barnett & Garcia, PLLC Pierce Metals, LLC
3821 Juniper Trace, Suite 108 241651-10 West, Ste. 217
Austin, Texas 78738 San Antonio, Texas 78257
(512) 266-8803 [Fax] aubrey .conner 1@att.net
Attorneys for Globenet Metals, LLC Defendant-Appellee
Via Certi[ied Maii/RRR Via Email
Pierce Metals, LLC JW Johnson
1114 Highway 87 South Johnson Law
San Angelo, Texas 76904 San Angelo
Defendant-Appellee jlo@johnsonlawoffices.org
Attorney for Defendant-Appellee
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