Estrella Montoya v. Charles R. Holly, Jr.

• Court: Court of Appeals of Texas
• Decided: January 30, 2015
• Docket: 03-14-00601-CV
• Status: Published

Opinion

ACCEPTED 03-14-00601-CV 3967341 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/30/2015 2:14:38 PM JEFFREY D. KYLE CLERK

CAUSE NO. 03-14-00601-CV FILED IN 3rd COURT OF APPEALS ESTRELLA MONTOYA § IN THE COURT OF APPEALS AUSTIN, TEXAS § 1/30/2015 2:14:38 PM v. § THIRD DISTRICT OF TEXAS JEFFREY D. KYLE § Clerk CHARLES R. HOLLY, JR.- § § §

JOINT STATUS REPORT

COME NOW, Plaintiff, Estrella Montoya, by and through her attomey of record; and Charles

R. Holly, Jr., by and through his attorney of record; and files the following Joint Status Report as

requested by the Court on January 22,2015.

1. A notice of appeal was filed on December 12, 2014 by Pia inti fC

2. Following this date, the paLties reached a settlement agreement which resolved all claims

brought by Plaintiff against Defendant.

3. On December 8, 2014, Defendant forwarded to Plainti ff the settlement funds, settlement

release and dismissal document (Notice of Non-Suit).

4. Plaintiff received stated documents on December 11, 2014.

5. Plaintiff fully executed the Settlement Agreement on January 16, 2015 and ret11rned the

same to Defendant.

6. Plaintiffs counsel fully executed the Notice of Non-Suit and renm)ed the same to

Defendant for filing on January I 6, 20 I5.

7. Plaintiffs Notice of Non-Suit of all claims against Defendant was filed and accepted by

the h1al court on January 19, 20 I 5. The pa1iies attach a copy of the same hereto as

Exhibit "A" for the Court's reference. 8. Therefore, as all issues amongst and between the parties have been fully resolved,

Plaintiff by and through counsel here does stale that no need for appeal is current and

counsel for Plaintiff wishes to remove this cause from the Honorable Third District

Appeals Comt docket.

9. Finally, counsel for Defendant wishes to notify this Cout1 that attorney Nancy Carlson is

no longer with the office that represents Defendant. As the case was resolved and closed

with the trial court, Defendant diq not file a designation of lead counseL Therefore please

accept this as confirmation of the new attorney (within the same office) to represent

Defendant. Also, the address for the law office has changed and notification of new

addresses were provided at the trial court level. The updated address and email

information is contained within the below signature line for counsel for Defendant. I •

WHEREFORE, PREMISES CONSIDERED, the pm1ies do hereby respectfully request that

this Comi take notice of its Joint Status Report, and remove/dismiss this matter from the

Honorable Third District Appeals Court docket. The parties make themselves available as

necessary for any additional infonnation the Comt requests or requires to finalize this matter.

Respectfully submitted:

~:W OF~ICE Oll?/LE Scott P. Ogle f State BarNo.: 00797170 2028 West Ben White Blvd. Austin, Texas 78704 Telephone: (512) 442-8833 Facsimile: (512) 442-3256 Email: soglelaw@peoplepc.com

ATTORNEY FOR PLAINTIFF, ESTRELLA i'ifONTOYA LAW OFFICE OF JUNELLA REESE

By: ~~~~~~~~=~~~= ,=------ unella G. Reese State Bar No. 24045015 One Technology Center, 74 n John Smith Drive, Suite 906 San Antonio, TX 78229 Telephone: (21 0) 610-3 930 Telecopier: (21 0) 610-3959 Email: jreese4@progressive.com E-Service Email: SanAntonioHC@progressive.coni

ATTORNEY FOR DEFENDANT, CHARLES HOLLEY