Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/30/2015 12:10:34 PM JEFFREY D. KYLE Clerk No. 03-15-00077-CV THIRD COURT OF APPEALS 12/30/2015 12:10:34 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00077-CV *1 ACCEPTED [8407721] CLERK
IN THE COURT OF APPEALS FOR THE
THIRD JUDICIAL DISTRICT OF TEXAS
AT AUSTIN, TEXAS G REGORY J OE W ICKLINE ,
A PPELLANT – P LAINTIFF , V . OARD OF EGENTS FOR THE O KLAHOMA A GRICULTURAL AND M ECHANICAL OLLEGES ; AND J AMES M ICHAEL OLDER ,
A PPELLEES – D EFENDANTS . 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. When the issues presented by an appeal have been
*2 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. 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,
B ECK R EDDEN LLP ________________ State Bar No. 00000070 dbeck@beckredden.com 1221 McKinney Street, Suite 4500 Houston, Texas 77010 Karson K. Thompson State Bar No. 24083966 kthompson@beckredden.com Christopher Cowan State Bar No. 24084975 ccowan@beckredden.com ECK EDDEN 515 Congress Avenue, Suite 1900 Austin, Texas 78701 Attorneys for Appellant – Plaintiff Gregory Joe Wickline C ERTIFICATE OF C ONFERENCE
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 ERTIFICATE OF S ERVICE
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 OWRY REEN & H ERMAN ,
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 ___________________
[1] See Heckman v. Williamson Cnty. , 369 S.W.3d 137, 162 (Tex. 2012); Tex. A&M Univ.- Kingsville v. Yarbrough
[2] Tex. Ass’n of Bus. v. Tex. Air Control Bd.