Amber L. Morrison v. Christopher M. Fansler

Court of Appeals of Texas·Decided June 24, 2015·No. 05-15-00668-CV·Published

Opinion

ACCEPTED 05-15-00668-cv

FIFTH COURT OF APPEALS

DALLAS, TEXAS

6/24/2015 4:39:31 PM

LISA MATZ

CLERK

Case Number 05-15-00668-CV

IN THE FIFTH DISTRICT COURT OF APPEALS FILED IN 5th COURT OF APPEALS

at Dallas DALLAS, TEXAS

6/24/2015 4:39:31 PM

LISA MATZ

Clerk

AMBER L. MORRISON,

Appellant,

CHRISTOPHER M. FANSLER,

Appellee.

From Cause Number DC-13-08561 in the 95th Judicial District Court of Dallas County

AGREED MOTION TO DISMISS

WALTERS, BALIDO & CRAIN, L.L.P.

Gregory R. Ave

State Bar No. 01448900

Meadow Park Tower, 15th Floor 10440 N. Central Expressway Dallas, Texas 75213

Telephone Number (214) 749-4805 Facsimile Number (214) 347-8311

ATTORNEY FOR APPELLANT

June 24, 2015 AMBER L. MORRISON

TO THE HONORABLE DALLAS COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10 and 42.1(a)(2)(B),

Appellant Amber L. Morrison (AMorrison@) and Appellee Christopher

Fansler (“Fansler”) file their agreed motion to dismiss the instant appeal

and would respectfully show this Court as follows:

1. This appeal concerns a final judgment (entered on or about

February 21, 2015) in cause number DC-13-08561, styled Christopher Fansler

v. Amber Morrison, and pending in the 95th Judicial District Court of Dallas

County, Texas (Athe Fansler suit@). Fansler filed his lawsuit seeking to

recover money damages for bodily injuries allegedly sustained due to an

automobile accident which occurred on or about February 5, 2013. On May

28, 2015, mediation was conducted regarding the Fansler suit and a

settlement was reached.

2. The resolution and conclusion of the Fansler suit renders this

appeal matter moot.

3. The settlement of the Fansler suit is in the process of being

finalized with this understanding that the Court will set aside the trial

court’s Judgment (entered on or about February 21, 2015) and remand the

case to the trial court for rendition of judgment in accordance with the

parties’ agreement.

4. Accordingly, the parties request the Court enter an order or

judgment setting aside the trial court’s Judgment (entered on or about

February 21, 2015) and remanding the case to the trial court for rendition of

judgment in accordance with the parties’ agreement.

Respectfully submitted,

WALTERS, BALIDO & CRAIN, L.L.P.

By: /s/ Gregory R. Ave Gregory R. Ave Texas State Bar No. 01448900 Meadow Park Tower, 15th Floor 10440 North Central Expressway Dallas, Texas 75231 (2l4) 347-8310 (2l4) 347-8311 (facsimile) greg.ave@wbclawfirm.com

ATTORNEY FOR APPELLANT AMBER L. MORRISON

LAFITTE, ABBOTT, WING, REHFELD & HOLLOWAY, P.L.L.C.

By: /s/ Grant Gerleman Grant Gerleman, Esquire Texas State Bar No. 24083065

1934 Pendleton Dr. Garland, Texas 75041 (972) 263-5555 (972) 682-7586 Facsimile eservice@lawrh.com

ATTORNEY FOR APPELLEE CHRISTOPHER M. FANSLER

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ACCEPTED 05-15-00668-cv

FIFTH COURT OF APPEALS

DALLAS, TEXAS

6/24/2015 4:39:31 PM

LISA MATZ

CLERK

Case Number 05-15-00668-CV

IN THE FIFTH DISTRICT COURT OF APPEALS FILED IN 5th COURT OF APPEALS

at Dallas DALLAS, TEXAS

6/24/2015 4:39:31 PM

LISA MATZ

Clerk

AMBER L. MORRISON,

Appellant,

CHRISTOPHER M. FANSLER,

Appellee.

From Cause Number DC-13-08561 in the 95th Judicial District Court of Dallas County

AGREED MOTION TO DISMISS

WALTERS, BALIDO & CRAIN, L.L.P.

Gregory R. Ave

State Bar No. 01448900

Meadow Park Tower, 15th Floor 10440 N. Central Expressway Dallas, Texas 75213

Telephone Number (214) 749-4805 Facsimile Number (214) 347-8311

ATTORNEY FOR APPELLANT

June 24, 2015 AMBER L. MORRISON

TO THE HONORABLE DALLAS COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10 and 42.1(a)(2)(B),

Appellant Amber L. Morrison (AMorrison@) and Appellee Christopher

Fansler (“Fansler”) file their agreed motion to dismiss the instant appeal

and would respectfully show this Court as follows:

1. This appeal concerns a final judgment (entered on or about

February 21, 2015) in cause number DC-13-08561, styled Christopher Fansler

v. Amber Morrison, and pending in the 95th Judicial District Court of Dallas

County, Texas (Athe Fansler suit@). Fansler filed his lawsuit seeking to

recover money damages for bodily injuries allegedly sustained due to an

automobile accident which occurred on or about February 5, 2013. On May

28, 2015, mediation was conducted regarding the Fansler suit and a

settlement was reached.

2. The resolution and conclusion of the Fansler suit renders this

appeal matter moot.

3. The settlement of the Fansler suit is in the process of being

finalized with this understanding that the Court will set aside the trial

court’s Judgment (entered on or about February 21, 2015) and remand the

case to the trial court for rendition of judgment in accordance with the

parties’ agreement.

4. Accordingly, the parties request the Court enter an order or

judgment setting aside the trial court’s Judgment (entered on or about

February 21, 2015) and remanding the case to the trial court for rendition of

judgment in accordance with the parties’ agreement.

Respectfully submitted,

WALTERS, BALIDO & CRAIN, L.L.P.

ATTORNEY FOR APPELLANT AMBER L. MORRISON

LAFITTE, ABBOTT, WING, REHFELD & HOLLOWAY, P.L.L.C.

By: /s/ Grant Gerleman Grant Gerleman, Esquire Texas State Bar No. 24083065

1934 Pendleton Dr. Garland, Texas 75041 (972) 263-5555 (972) 682-7586 Facsimile eservice@lawrh.com

ATTORNEY FOR APPELLEE CHRISTOPHER M. FANSLER

Amber L. Morrison v. Christopher M. Fansler, (Tex. Ct. App. 2015).

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