Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/1/2015 6:03:56 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00788-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/1/2015 6:03:56 PM CHRISTOPHER PRINE CLERK NO. 14-15-00788-CV IN THE COURT OF APPEALS FOURTEENTH JUDICIAL DISTRICT
HOUSTON, TEXAS Bowen, Miclette & Britt Insurance Agency, LLC,
Appellant,
v. Christopher Taylor, Appellee.
On appeal from the 295th Judicial District Court of Harris County, Texas
The Honorable Caroline Baker, Presiding
Cause No. 2015-03943 APPELLANT’S UNOPPOSED MOTION TO ABATE
APPEAL PENDING FINALIZED SETTLEMENT TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Appellant Bowen, Miclette & Britt Insurance Agency, LLC (“BMB”) files
this Unopposed Motion to Abate Appeal Pending Finalized Settlement and
requests the Court abate this appeal to allow time for the parties to finalize the
settlement reached by the parties. BMB respectfully shows the Court as follows:
1. On August 17, 2015, BMB filed a notice of appeal of the trial court’s
order denying BMB’s request for a temporary injunction. Since BMB filed its
notice of appeal, the parties have reached an informal settlement which would
dispose of this appeal. The parties are currently finalizing the settlement and it is
anticipated the settlement will be finalized within the next thirty (30) days.
2. The Court has ordered the clerk’s record for this appeal be filed by
October 14, 2015 and the reporter’s record be filed by October 11, 2015. The
Court has also ordered BMB to file BMB’s docketing statement by October 1,
2015.
3. In order to preserve this Court’s resources and avoid unnecessary
expense by the parties, BMB requests the Court abate this appeal so the parties
may finalize their settlement agreement. Once the settlement agreement is
finalized, BMB will seek dismissal of this appeal. In the unlikely event the parties
cannot finalize the settlement agreement, BMB will notify the Court.
4. BMB has conferred with Appellee’s counsel, Mr. Craig Dillard,
regarding the relief requested herein. Appellee is unopposed to an abatement of
the instant appeal pending the parties’ finalization of their settlement agreement.
PRAYER
For the above reasons, BMB respectfully requests the Court grant this
motion and abate the present appeal pending finalization of the settlement
agreement between the parties.
Respectfully submitted, C HAMBERLAIN , H RDLICKA , W HITE , W ILLIAMS & A UGHTRY By: /s/ C. Larry Carbo, III William S. Helfand State Bar No. 09388250 bill.helfand@chamberlainlaw.com C. Larry Carbo, III State Bar No. 24031916 larry.carbo@chamberlainlaw.com Julie R. Offerman State Bar No. 24070360 julie.offerman@chamberlainlaw.com 1200 Smith Street, Suite 1400 Houston, Texas 77002 Telephone (713) 658-1818 Telecopy (713) 658-2553 A TTORNEYS F OR A PPELLANT *4 CERTIFICATE OF CONFERENCE
I hereby certify that the undersigned counsel for Appellant conferred by
email with Appellee’s counsel on September 30, 2015. Appellee does not oppose
abatement of this appeal.
/s/ C. Larry Carbo, III CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion has been
served upon the following counsel of record via hand delivery, electronic
submission, facsimile, and/or U.S. Mail on this the October 1, 2015, to the
following:
Rachel Powitzky Steely
Megan Jennings Batchelor
Craig Dillard
G ARDERE W YNNE S EWELL , LLP
1000 Louisiana, Suite 3400
Houston, Texas 77002
Fax: 713-276-5555
Email: rsteely@gardere.com
Email: mbatchelor@gardere.com
Email: cdillard@gardere.com
/s/ C. Larry Carbo, III