Crown Communication LLC D/B/A Crown Comm LLC v. T10 Unison Site Management, LLC and the Estate of Charlotte MeGrew

• Court: Court of Appeals of Texas
• Decided: January 16, 2015
• Docket: 01-14-00211-CV
• Status: Published

Opinion

ACCEPTED 01-14-00211-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/16/2015 4:42:18 PM CHRISTOPHER PRINE CLERK

N0. 01-14-00211-CV

IN THE COURT OF APPEALS FILED IN FOR THE FIRST DISTRICT OF TEXAS 1st COURT OF APPEALS HOUSTON, TEXAS 1/16/2015 4:42:18 PM ____________________________________________ CHRISTOPHER A. PRINE Clerk

CROWN COMMUNICATION LLC D/B/A CROWN COMM LLC, Appellant

vs.

T10 UNISON SITE MANAGEMENT LLC and ESTATE OF CHARLOTTE MCGREW, Appellees

____________________________________________

Appealed from the 25th District Court of Colorado County, Texas Trail Court Cause No. 23350 ____________________________________________

APPELLANT’S MOTION TO DISMISS APPEAL __________________________________________________________

RANDALL L. BRIM State Bar No. 02995400 SINGLETON COOKSEY LLP 6363 Woodway, Suite 610 Houston, Texas 77057 (713) 532-6200 (713) 532-9200 (fax) rbrim@singletoncooksey.com

ATTORNEY FOR APPELLANT APPELLANT'S MOTION TO DISMISS APPEAL

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellant, CROWN COMMUNICATION LLC d/b/a

CROWN COMM LLC, and pursuant to TEX. R. APP. P. 42.1, moves for the

dismissal of the instant appeal and would respectfully show as follows.

1. This appeal is scheduled for submission on January 20, 2015, without oral

argument.

2. Appellant recently made a business decision to decommission the cellular

communications site that is at the center of the parties' dispute. Accordingly,

Appellant no longer desires to prosecute this appeal and requests that it be dismissed.

3. The dismissal requested herein will not affect the judgment of the trial court

and it will not prevent any party from seeking any relief to which it would otherwise

be entitled.

(Continued on following page.)

2 WHEREFORE PREMISES CONSIDERED, Appellant requests that this appeal

be dismissed, with all parties to bear their respective costs.

Respectfully submitted,

SINGLETON COOKSEY LLP

By: “/s/” Randall L. Brim Randall L. Brim State Bar No. 02995400 6363 Woodway, Suite 610 Houston, Texas 77057 (713) 532-6200 (713) 532-6400 (fax) rbrim@singletoncooksey.com

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

This is to certify that the Appellant's counsel has conferred with counsel for Appellees concerning the relief requested in the foregoing Motion. Counsel for Appellee, Estate of Charlotte McGrew has no opposition to the Motion. Counsel for Appellee, T10 Unison Site Management LLC is opposed to the Motion.

“/s/” Randall L. Brim

3 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing instrument was forwarded to all counsel of record on January 16, 2015, as set forth below:

Lead Attorney for Appellee, T 10 Unison Site Management LLC Mr. Brandon Renken Via Electronic Service Locke Lord LLP 2800 JPMorgan Chase Tower 600 Travis Street Houston, Texas 77002

Of Counsel for Appellee, T 10 Unison Site Management LLC Sidney Levine Via Electronic Service Attorney at Law 110 Main Street, Suite 201 Sealy, Texas 77474

Lead Attorney for Appellees, Estate of Charlotte McGrew Mr. Michael T. Trefny Via Electronic Service Gates, Stein, Gillespie & Trefny 415 Spring Street Columbus, Texas 78934