Accurate Precision Plating, LLC v. Juan Guerrero, Guerrero Plating Technology, LLC and Allied Plating, LLC

Opinion

ACCEPTED 01-14-00706-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/25/2015 6:53:04 PM CHRISTOPHER PRINE CLERK

No. 01-14-00706-CV

IN THE FIRST COURT OF APPEALS

HOUSTON, TEXAS

ACCURATE PRECISION PLATING, LLC,

Appellant,

V.

JUAN GUERRERO, GUERRERO PLATING TECHNOLOGY, LLC and ALLIED PLATING, LLC,

Appellees

APPELLEE, ALLIED PLATING, LLC’S UNOPPOSED MOTION TO DISMISS ITS CONDITIONAL CROSS-APPEAL

Allied Plating, LLC, appellee in the above-referenced case, filed a conditional cross-

appeal, anticipating that the appellant might seek relief for past profits beyond that awarded

by the jury. The appellate briefs have now been filed, and it is clear that appellant’s sole

issue on appeal is an evidentiary ruling by the trial court. Therefore, Allied Plating does

not wish to pursue its conditional cross-appeal. Appellant has no objection to dismissal.

CONCLUSION AND PRAYER

Because appellant’s appeal is limited to an evidentiary ruling by the trial judge,

Allied Plating now asks this Court to dismiss appellee’s conditional cross-appeal and to

grant such other and further relief to which it may be entitled. Respectfully submitted,

The Pam Rea Law Firm, PLLC

Pam Rea State Bar No. 00792790 7026 Old Katy Road, Suite 259 Houston, Texas 77024 (832) 286-8142 – Telephone (713) 782-5002 – Facsimile pamrea@pamrealaw.com Counsel for Appellee Allied Plating, LLC

CERTIFICATE OF CONFERENCE

I certify that, on behalf of all appellees in this matter, I conferred with counsel for appellant, M. Lane Lowrey on June 25, 2015 before filing this notice of dismissal and that he stated that Appellant has no objection to the dismissal of the conditional cross-appeal.

Pam Rea

CERTIFICATE OF SERVICE AND FILING

I hereby certify that a true and correct copy of this notice of dismissal has been sent to all counsel of record for by electronic service and to the filing clerk for the First Court of Appeals by delivery as shown below, on June 25, 2015.

Maxwell Lane Lowery Facsimile (713) 929-3337 Attorney for Appellant/Plaintiff and email to llowrey@sbsblaw.com

Loreta Rea loreta.rea@att.net Attorney for Appellees Guerrero and Guerrero Plating Technology