ATX Painting Company, Inc. v. Fine Line Commercial, LLC

Court of Appeals of Texas

ATX Painting Company, Inc. v. Fine Line Commercial, LLC

Court of Appeals of Texas·Decided September 10, 2015·No. 03-15-00558-CV·Published

Opinion

ACCEPTED 03-15-00558-CV 6864042 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 11:42:49 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS FILED IN FINE LINE COMMERCIAL, LLC § 3rd COURT OF APPEALS AUSTIN, TEXAS § 9/10/2015 11:42:49 AM Plaintiff & § Court of Appeals No.: 03-15-00558-CV JEFFREY D. KYLE Counter-Defendant, § Clerk § Trial Court Case No.: C-1-CV-15-006001 v. § § ATX PAINTING COMPANY, INC. § § Defendant & § Counter-Plaintiff. §

ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE

COMES NOW APPELLANT ATX PAINTING COMPANY, INC. and hereby

requests that the Court of Appeals FOR THE Third District of Texas dismiss the

above-entitled and numbered appeal, without prejudice, pursuant to Texas Rule

of Appellate Procedure 42.

Dated: Thursday, September 10, 2015.

Respectfully submitted,

/s/ Ronald A. Ortman _______________________________ Ronald A. Ortman Texas State Bar No.: 15324407 ORTMAN LAW FIRM 700 N. Saint Mary’s St., Ste. 1400 San Antonio, Texas 78205-3535 T. (210) 591-1770 Email: raortman@raortman.com

Page 1 of 3 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I

have conferred, or made a reasonable attempt to confer, with all other parties

which are listed below about the merits of this motion with the following results:

David M. Walters, attorney of record for FINE LINE COMMERCIAL, LLC:

☐ opposes motion; ☐ does not oppose motion; ☐ agrees with motion; ☐ would not say whether motion is opposed; ☒ did not return my message regarding the motion.

/s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

DATE: THURSDAY, SEPTEMBER 10, 2015.

Page 2 of 3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE has been served upon all counsel/parties, as listed below, by placing a copy of same in the United States mail, certified, return receipt requested, facsimile, electronically by ProDoc e-File, and/or by hand delivery on Thursday, September 10, 2015.

WALTERS HULL, PLLC via eService 1101 Navasota Street Suite 1 Austin, TX 78702 Tel. (512) 236-1114 Fax (512) 236-1292

Brian E. Walters Texas Bar No. 24056489 brian@waltershull.com Mark A. Hull Texas Bar No. 24042542 mark@waltershull.com David M. Walters Texas Bar No. 24056490 david@waltershull.com

ATTORNEYS FOR APPELLEE

/s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

Page 3 of 3

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ACCEPTED 03-15-00558-CV 6864042 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 11:42:49 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS FILED IN FINE LINE COMMERCIAL, LLC § 3rd COURT OF APPEALS AUSTIN, TEXAS § 9/10/2015 11:42:49 AM Plaintiff & § Court of Appeals No.: 03-15-00558-CV JEFFREY D. KYLE Counter-Defendant, § Clerk § Trial Court Case No.: C-1-CV-15-006001 v. § § ATX PAINTING COMPANY, INC. § § Defendant & § Counter-Plaintiff. §

ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE

COMES NOW APPELLANT ATX PAINTING COMPANY, INC. and hereby

requests that the Court of Appeals FOR THE Third District of Texas dismiss the

above-entitled and numbered appeal, without prejudice, pursuant to Texas Rule

of Appellate Procedure 42.

Dated: Thursday, September 10, 2015.

Respectfully submitted,

/s/ Ronald A. Ortman _______________________________ Ronald A. Ortman Texas State Bar No.: 15324407 ORTMAN LAW FIRM 700 N. Saint Mary’s St., Ste. 1400 San Antonio, Texas 78205-3535 T. (210) 591-1770 Email: raortman@raortman.com

Page 1 of 3 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I

have conferred, or made a reasonable attempt to confer, with all other parties

which are listed below about the merits of this motion with the following results:

David M. Walters, attorney of record for FINE LINE COMMERCIAL, LLC:

☐ opposes motion; ☐ does not oppose motion; ☐ agrees with motion; ☐ would not say whether motion is opposed; ☒ did not return my message regarding the motion.

/s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

DATE: THURSDAY, SEPTEMBER 10, 2015.

Page 2 of 3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE has been served upon all counsel/parties, as listed below, by placing a copy of same in the United States mail, certified, return receipt requested, facsimile, electronically by ProDoc e-File, and/or by hand delivery on Thursday, September 10, 2015.

WALTERS HULL, PLLC via eService 1101 Navasota Street Suite 1 Austin, TX 78702 Tel. (512) 236-1114 Fax (512) 236-1292

Brian E. Walters Texas Bar No. 24056489 brian@waltershull.com Mark A. Hull Texas Bar No. 24042542 mark@waltershull.com David M. Walters Texas Bar No. 24056490 david@waltershull.com

ATTORNEYS FOR APPELLEE

/s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

Page 3 of 3

ATX Painting Company, Inc. v. Fine Line Commercial, LLC, (Tex. Ct. App. 2015).

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