Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/3/2015 12:09:23 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00113-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/3/2015 12:09:23 PM CATHY LUSK CLERK No.: 12-15-00113-CV In The Court of Appeals TWELFTH DISTRICT OF TEXAS Tyler, Texas __________________________________________________________________
JASON ROWELL Appellant, v.
FIRETROL PROTECTION SYSTEMS Appellee.
__________________________________________________________________
Appealed from 114th Judicial District Court of Smith County, Texas, the Honorable Christi Kennedy, Presiding JOINT MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE OR
IN THE ALTERNATIVE MOTION TO WITHDRAW MOTION TO
RECONSIDER SBOT: 24069969 Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street, Suite 400 Telephone: (972) 802 − 1788 Facsimile: (972) 682 – 7586 Email: Niles@appealstx.com ATTORNEY FOR APPELLANT JASON ROWELL IDENTITY OF THE PARTIES AND COUNSEL Trial Judge: The Hon. Christi Kennedy
Appellant: Jason Rowell
Appellant’s Appellate Counsel:
Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street Suite 400 Appellant’s Trial Counsel: Pro-se
Appellee: Firetrol Protection Systems
Appellee’s Trial/Appellate Counsel: Roger W. Anderson
Gillen and Anderson 613 Shelley Park Plz Tyler, TX ii Joint Motion for Voluntary Dismissal with Prejudice
The parties, Jason Rowell and Firetrol Protection Systems ask this Court to
dismiss this appeal with prejudice or in the alternative to withdraw the pending
motion to reconsider.
Introduction 1. Jason Rowell (“Rowell”) is the Appellant and Firetrol Protection Systems
(“Firetrol”) is the Appellee.
2. The 114th Judicial District Court of Smith County resolved the underlying
case by dismissing it under the anti-SLAPP statute.
3. Appellant filed a notice of appeal on April 30, 2015.
4. Appellant filed a motion for new trial on April 29, 2015. This motion is
pending before the trial court. The parties have agreed to an order that would grant
the motion for new trial and then dismiss the case in the trial court.
Argument and Authorities 5. There is no specified deadline to file a motion for voluntary dismissal. [1]
6. Rule 42.1(a)(1) permits an Appellant to file a motion requesting voluntary
dismissal and an appellate court to “dismiss the appeal or affirm the appealed
*4 judgment or order unless such disposition would prevent a party from seeking
relief to which it would otherwise be entitled.” [2]
7. An appellant is not required to explain his motivation for requesting the
voluntary dismissal nor is he required to sign the motion. [3] But here both parties
seek a final dismissal because they have resolved the issues between them.
Motion to Withdraw Motion to Reconsider 8. This Court dismissed this case on June 3, 2015. On June 5, 2015, Appellant
filed a motion to reconsider. This Motion has not yet been ruled on. In the
alternative to dismissing this case for a second time, Appellant moves to withdraw
his motion to reconsider and to permit this Court’s opinion of June 3, 2015 to be
the final resolution of this appeal.
Conclusion and Prayer 9. Prayer
Appellant and Appellee have resolved the issues between them and seek to
end this appeal. Appellant asks this Court to dismiss the appeal with prejudice or
in the alternative to withdraw Appellant’s motion to reconsider and to permit the
Court’s opinion from June 3, 2015 to be the final resolution of this appeal.
*5 Respectfully submitted, /s/ Niles Illich Niles Illich The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Suite 400 Direct: (972) 802-1788 Facsimile: (972) 236-0088 Email: Niles@appealstx.com CERTIFICATE OF CONFERENCE This is to certify that on July 1, 2015 that Roger Anderson, counsel for
Firetrol, agreed to the motion to dismiss.
/s/ Niles Illich Niles Illich CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion was
served on:
Roger W. Anderson
Gillen and Anderson
613 Shelley Park Plz
Tyler, Texas
By electronic service before 5:00 PM on July 3, 2015.
/s/ Niles Illich *6 CERTIFICATE OF COMPLIANCE This is to certify that this motion complies with the length and style
requirements in Rule 9.4 of the Texas Rules of Appellate Procedure. The motion is
presented in Times New Roman font, size 14. The motion contains 684 words.
/s/ Niles Illich Niles Illich
[1] T EX . R. A PP . P. 42.1.
[2] Id . at 42.1(a)(1).
[3] See generally id . (not requiring a party to show cause for seeking dismissal and signature requirement relates only to criminal appeals).