Erik Bremer v. Home Game Club, Inc.

• Court: Court of Appeals of Texas
• Decided: May 15, 2015
• Docket: 03-15-00278-CV
• Status: Published

Opinion

ACCEPTED 03-15-00278-CV 5298094 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/15/2015 10:19:56 AM JEFFREY D. KYLE CLERK 03-15-00278-CV

ERIK BREMER, § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS Appellant § AUSTIN, TEXAS § 5/15/2015 10:19:56 AM v. § FOR THE THIRD JUDICIAL JEFFREY D. KYLE § Clerk HOME GAME CLUB, INC., § Appellee § DISTRICT OF TEXAS §

APPELLANT’S MOTION TO DISMISS APPEAL

COMES NOW Appellant Erik Bremer and notifies the Court of Appeals that

this appeal is moot and should be dismissed.

On April 27, 2015, the Honorable Amy Clark Meachum issued a letter

ruling wherein she stated that the court was denying Appellant’s Motion to

Dismiss Under Chapter 27, Civil Practice & Remedies Code (the “Motion”). The

letter ruling requested that Appellee’s counsel prepare an order. See attached letter

ruling.

In an abundance of caution, Appellant gave notice of his appeal on May 11,

2015, prior to the court entering a order on the Motion.

In the meantime, the trial court reconsidered its letter ruling and granted

Appellant’s Motion. See attached order granting Motion. Therefore, this

prematurely-filed appeal is moot and should be dismissed.

Appellant’s Notice to Court of Mootness of Appeal 1 Respectfully submitted,

The Weichert Law Firm 3821 Juniper Trace, Suite 106 Austin, Texas 78738 (512) 263-2666 (512) 263-2698 - Facsimile

By: /s/ Darryl W. Pruett Darryl W. Pruett Texas State Bar No. 00784795 darryl@weichertlaw.com George V. Basham, III Texas State Bar No. 01868000 george@weichertlaw.com Glenn K. Weichert State Bar No. 21076500 glenn@weichertlaw.com

ATTORNEYS FOR APPELLANT

Appellant’s Notice to Court of Mootness of Appeal 2 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of this notice has been sent in accordance with the Texas Rules of Civil Procedure, as noted below, on this 15TH day of May, 2015, to:

Home Game Club, Inc. David Tucker, President 5200 Keller Springs Road, #224 Dallas, Texas 75248 Telephone: (972) 955-6836 No Telecopier Number Provided

Hand Delivery in Person or by Agent x Electronic Service Email Service Courier Receipted Delivery Telephonic Document Transfer Certified Mail, Return Receipt Requested No.______________

/s/ Darryl W. Pruett Darryl W. Pruett

Appellant’s Notice to Court of Mootness of Appeal 3