Ali Yazdchi v. Wells Fargo

Opinion

ACCEPTED

01-15-00381-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/7/2015 1:44:08 PM

CHRISTOPHER PRINE

CLERK

FILED IN

1st COURT OF APPEALS

No. 01-15-00381-CV HOUSTON, TEXAS 12/7/2015 1:44:08 PM

CHRISTOPHER A. PRINE

IN THE FIRST COURT OF APPEALS Clerk

HOUSTON, TEXAS

Ali Yazdchi,

Appellant

v.

Wells Fargo Bank, NA,

Appellee

Appeal from Cause No. 2014-23577 215th District Court ofHarris County, Texas Hon. Elaine H. Palmer, Presiding

Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and (2) Motion for Immediate Issuance of Mandate

To the Honorable First Court of Appeals:

Pursuant to Texas Rule of Appellate Procedure 42.l(a)(l), Wells Fargo Bank, NA, appellee, through its undersigned counsel, conferred with the appellant, Ali Y azdchi, regarding the contents of this motion. Despite best efforts, the parties were unable to agree on the language and relief to be submitted to this Court for consideraiotn. Given the basis for appellant's restricted appeal, appellee files this in order promote efficiency

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APPELLEE WELLS FARGO BANK, NA'S MOTION TO DISMISS APPEAL AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE 273548-01588 #414824

Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000001 as appellee Wells Fargo Bank, NAhas agreed to vacate the Default Judgment entered by the 215 111 District Court of Harris County, Texas on or about October 20, 2014 and requests the Court dismiss the restricted appeal filed by Ali Yazdchi and remand the matter to the trial court to proceed to a trial on the merits with costs taxed to the party or parties incurring same. Concurrently with the filings of this Motion, Wells Fargo Bank NA has filed a proposed Order for consideration with the trial court requesting the same relief stated herein a copy of which is attached hereto.

Wells Fargo Bank, NA also requests that the Court direct its clerk to issue the mandate iimnediately pursuant to Texas Rule of Appellate Procedure 18.l(c).

Respectfully submitted,

Is/ Susan 0. Simpson

By_____________________________ Scott E. Hayes

State Bar No. 0928ooso

shayes@vilolaw .com

Susan Oliver Simpson

State Bar No. 24047555

ssimpson@vilolaw .com

VINCENT LOPEZ SERAFINO JENEVEIN, P.C.

1601 Elm Street, Suite 4100 Dallas, Texas 75201

Telephone: (214) 979-7400 Facsimile: (214) 979-7402

Counsel for Appellees

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AGREED, UNOPPOSED MOTION TO DISMISS APPEAL AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE 273548-01588 #414824

Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000002

CERTIFICATE OF CONFERENCE In compliance with Texas Rule of Appellate Procedure 10.1 (a)(S), I certify that ( 1) I have conferred with Ali Yazdchi, pro se Appellant, and (2) the parties could not agree on the language or relief contained in the motion despite best efforts.

Is/ Susan 0. Simpson

Susan 0. Simpson

CERTIFICATE OF SERVICE

I certify that a copy of this motion has been served today by certified mail, return receipt requested and first-class United States mail on pro se appellant, properly posted and deliverable as follows:

Ali Yazdchi 2100 Tanglewilde, #662 Houston, Texas 77063 Pro Se Appellant

Date: December 7, 2015

Is/ Susan 0. Simpson

Susan 0. Simpson

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AGREED, UNOPPOSED MOTION TO DISMISS APPEAL AND MOTION FOR IMMEDIATE ISSUANCE OF MANDATE 273548-01588 #414824

Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000003

CAUSE NO. 2014-23577

WELLS FARGO BANK, NA, § IN THE DISTRICT COURT §

Plaintiff, § §

v. § 215™ JUDICIAL DISTRICT §

ALI YAZDCHI, § §

Defendant. § HARRIS COUNTY, TEXAS

ORDER

Wells Fargo Bank, NA agrees that the Default Judgment entered on October 20, 2014 in the case styled and numbered Wells Fargo Bank, NA v. Ali Yazdchi Cause No. 2014-23577 in the 215th District Court, Harris County, Texas should be vacated. It is therefore ORDERED that the Default Judgment entered on October 20, 2014 in that case styled and numbered Wells Fargo Bank, NA v. Ali Yazdchi, Cause No. 2014-23577 in the 215 1h District Court, Harris County, Texas is hereby vacated.

It is FURTHER ORDERED that by copy ofthis order, the matter styled and numbered Wells Fargo Bank, NA v. Ali Yazdchi, Cause No. 2014-23577, Cause No. 2014-23577 in the 215th District Court, Harris County, Texas is hereby reopened and the matter is returned to active status on the Court's docket for a new trial on the merits.

All other relief requested in Defendant's Motion to Set Aside the Default Judgment or to Declare Void Judgment is hereby denied.

Signed on the _ _ day of _ _ _ _ _, 2015.

Judge Presiding

#414832 273548-01588

ORDER PAGEl

Appellee Wells Fargo Bank, NA's Motion to Dismiss Appeal and Motion for Immediate Issuance of Mandate 000004