Elishah Sawyers, Pax Crate & Freight, Inc. and Robin Sawyers v. Marc Carter and Sally Carter

Opinion

ACCEPTED 01-14-00870-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 8/21/2015 2:48:09 PM CHRISTOPHER PRINE CLERK

No. 01-14-00870-CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS In the Court of Appeals 8/21/2015 2:48:09 PM For the First District of Texas CHRISTOPHER A. PRINE Clerk Houston, Texas

Elishah Sawyers; Pax Crate & Freight, Inc.; and Robin Sawyers, Appellants vs.

Mark Carter and Sally Carter, Appellees

Appeal from the 506th Judicial District Court of Waller County, Texas Trial Court Cause No. 14-07-22604

SUPPLEMENT TO THE PREVIOUSLY-FILED UNOPPOSED MOTION OF APPELLANTS, ELISHAH SAWYERS, PAX CRATE & FREIGHT, INC., AND ROBIN SAWYERS FOR IMMEDIATE ISSUANCE OF THE MANDATE

TO THE HONORABLE FIRST COURT OF APPEALS:

1. On August 18, 2015, Appellants, Elishah Sawyers, Robin Sawyers

and Pax Crate & Freight, Inc., filed their Unopposed Motion for Immediate

Issuance of the Mandate. In that motion, the Sawyers and Pax Crate

informed the Court that “very shortly after the mandate is issued by the Clerk of this Court, Elishah Sawyers, Robin Sawyers, and Pax Crate & Freight, Inc.,

intend to file their motion for new trial with the clerk of the trial court.”

2. The Sawyers and Pax Crate file this supplement to their

previously-filed unopposed motion for immediate issuance of the mandate to

notify the Court that Appellants and Appellees have settled all claim in this

lawsuit. Once the Clerk of this Court issues the mandate, the parties will file

with the Waller County District Clerk a joint motion to dismiss the underlying

lawsuit with prejudice. Immediate issuance of the mandate will allow the

parties to finalize disposition of the underlying case once and for all.

WHEREFORE, PREMISES CONSIDERED, Appellants, Elishah

Sawyers; Pax Freight & Crate, Inc.; and Robin Sawyers, respectfully pray that

the Court grant their previously-filed unopposed motion for immediate

issuance of the mandate. Appellants pray that the Court order the Clerk of

this Court to issue the mandate in the above-captioned and numbered appeal

immediately based upon the agreement of all parties so that the parties can

give effect to the terms of their full and final settlement of all claims in the

underlying lawsuit. Respectfully submitted,

LAW OFFICES OF SCOTT ROTHENBERG

/s/ Scott Rothenberg SCOTT ROTHENBERG scott@rothenberglaw.com email State Bar No. 17316750 2777 Allen Parkway, Suite 1000 Houston, Texas 77019-2165 (713) 667-5300 telephone (713) 667-0052 telecopier LEAD COUNSEL FOR APPELLANTS, ELISHAH SAWYERS, PAX CRATE & FREIGHT, INC., and ROBIN SAWYERS

Certificate of Conference

Please see paragraph 8 of the previously-filed unopposed motion for the particulars regarding the conference between counsel for Appellants and counsel for Appellees.

/s/ Scott Rothenberg Scott Rothenberg Certificate of Service

I hereby certify that a true and correct copy of the foregoing supplement has been forwarded by e-filing and e-service to all lead counsel of record, on this 21st day of August, 2015, as follows:

Mr. Bruce C. Tough and Ms. Diana Tough The Tough Law Firm 819 Crossbridge Drive Spring, Texas 77373 (281) 681-0808 telephone (281) 681-0809 fax btough@toughlawfirm.net - email

/s/ Scott Rothenberg SCOTT ROTHENBERG