Revenew International LLC v. PSC Industrial Outsourcing, LP

ACCEPTED 01-15-00320-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/13/2015 3:22:13 PM CHRISTOPHER PRINE CLERK NO. 01-15-00320-CV __________________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FIRST JUDICIAL DISTRICT 10/13/2015 3:22:13 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk __________________________________________________________________ REVENEW INTERNATIONAL, LLC, Appellant, vs. PSC INDUSTRIAL OUTSOURCING, LP, Appellee. _______________________________________________ On Appeal from the 281st Judicial District Court Harris County, Texas Trial Court Case No. 2013-59946 _______________________________________________ UNOPPOSED MOTION TO DISMISS APPEAL AS MOOT ________________________________________________ Lauren J. Harrison Lara D. Pringle Jones Walker LLP 1001 Fannin Street, Suite 2450 Houston, Texas 77002 Telephone: 713/437-1800 Facsimile: 713/437-1810 lharrison@joneswalker.com lpringle@joneswalker.com Counsel for Appellant {HD071986.1} UNOPPOSED MOTION TO DISMISS APPEAL AS MOOT NOW INTO COURT, through undersigned counsel, comes Defendant/Appellant Revenew International, LLC (“Revenew”) and moves this Court to dismiss the present appeal as moot. In particular, Plaintiff/Appellee PSC Industrial Outsourcing, LP (“PSC”) recently non-suited the underlying district court action from which the present appeal arising, which action was dismissed without prejudice. See Exhibit A. Given the dismissal of the underlying action, the present appeal has been mooted and should be dismissed. Counsel for PSC is unopposed to this motion. WHEREFORE Revenew respectfully requests that this Court grant the present motion and dismiss the present appeal as moot. A proposed order is attached for the Court’s convenience. Respectfully submitted: JONES WALKER LLP /s/ Lauren J. Harrison LAUREN J. HARRISON State Bar No. 24025840 lharrison@joneswalker.com LARA D. PRINGLE State Bar No. 24056164 lpringle@joneswalker.com 1001 Fannin Street, Suite 2450 Houston, Texas 77002 Tel. (713) 437-1800/Fax: (713) 437-1810 ATTORNEYS FOR APPELLANT REVENEW INTERNATIONAL, LLC 1 {HD071986.1} CERTIFICATE OF CONFERENCE I certify that on October 13, 2015, I conferred with counsel for Plaintiff/Appellee PSC Industrial Outsourcing, LP. PSC is unopposed to this Motion to Dismiss. /s/ Lauren J. Harrison ___________________________ Lauren Harrison CERTIFICATE OF SERVICE I certify that on October 13, 2015, a true and correct copy of the above and foregoing document was served upon the following counsel by electronic service through the state-provided EFSP Efile.txcourts.gov: Todd W. Mensing Chris W. Lacy Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, PC 1221 McKinney, Suite 3460 Houston, TX 77010 Facsimile: 713/655-0062 /s/ Lauren J. Harrison ___________________________ Lauren Harrison 2 {HD071986.1}