Eckity Capital Markets, LLC v. Jason Michael Spencer

• Court: Court of Appeals of Texas
• Decided: January 31, 2018
• Docket: 05-17-00898-CV
• Status: Published

Opinion

ACCEPTED 05-17-00898-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 1/31/2018 11:18 AM LISA MATZ CLERK

No. 05-17-00898-CV

ECKITY CAPITAL MARKETS, LLC, § IN THE FIFTH FILED IN 5th COURT OF APPEALS Appellant, § DALLAS, TEXAS § 1/31/2018 11:18:49 AM v. § COURT OF APPEALS LISA MATZ § Clerk JASON MICHAEL SPENCER, § Appellee § DALLAS, TEXAS

APPELLANT’S MOTION TO DISMISS APPEAL

Appellant asks the Court to dismiss this appeal.

1. Appellant is Eckity Capital Markets, LLC. Appellee is Jason Michael

Spencer.

2. Appellant perfected this appeal on July 28, 2017, by filing a notice of

appeal.

3. Texas Rule of Appellate Procedure 42(a)(1) grants the Court authority to

dismiss this appeal “in accordance with a motion of appellant.” Appellant no

longer desires to prosecute this appeal.

4. Appellee agrees to the dismissal.

WHEREFORE, PREMISES CONSIDERED, appellant Eckity Capital

Markets, LLC respectfully requests the Court grant its motion to dismiss, taxing

costs on appeal against appellant. Respectfully submitted,

/s/ Philip A. Sellers Philip A. Sellers State Bar No. 18015400 2777 Allen Parkway, Suite 1000 Houston, Texas 77019 (713) 452-2652 (832) 201-9259 - fax pas@paslawtx.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

I certify I conferred with Charmaine Voorhees, counsel for appellee, via telephone on January 31, 2018, concerning this motion, and appellee does not oppose the dismissal.

/s/ Philip A. Sellers Philip A. Sellers

CERTIFICATE OF SERVICE

I certify I served this motion to dismiss on appellee through the electronic filing manager at the email address of appellee’s attorneys to be served on file with the electronic filing manager on January 31, 2018.