Gregory Joe Wickline v. Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, Acting for and on Behalf of Oklahoma State University And James Michael Holder, in His Individual Capacity and in His Capacity as Vice President for Athletic Programs and Director Of

Opinion

ACCEPTED 03-15-00077-CV 8407721 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/30/2015 12:10:34 PM JEFFREY D. KYLE CLERK No. 03-15-00077-CV

FILED IN IN THE COURT OF APPEALS FOR THE3rd AUSTIN, COURT OF APPEALS TEXAS THIRD JUDICIAL DISTRICT OF TEXAS 12/30/2015 12:10:34 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk

GREGORY JOE WICKLINE, APPELLANT – PLAINTIFF,

V.

BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURAL AND MECHANICAL COLLEGES; AND JAMES MICHAEL HOLDER, APPELLEES – DEFENDANTS.

Appeal from the 98th Judicial District Court of Travis County, Texas Cause No. D-1-GN-14-004391

APPELLANT’S AGREED MOTION TO DISMISS APPEAL

Appellant – Plaintiff Gregory Joe Wickline files this agreed motion to

dismiss this appeal, and in support thereof would respectfully show as follows:

There is no longer a controversy between the parties as to the issues

presented by this appeal, and the parties agree this appeal should be dismissed.

This Court has authority to grant this agreed motion to dismiss because there is no

longer an issue in controversy.1 When the issues presented by an appeal have been

1 See Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012); Tex. A&M Univ.- Kingsville v. Yarbrough, 347 S.W.3d 289, 291 (Tex. 2011).

resolved and the appeal is moot, the Texas Supreme Court has held an appellate

court is without jurisdiction to issue an opinion or render judgment because it

would be purely advisory.2 Because the parties agree there is no longer a

controversy between them, this appeal is therefore moot and it must be dismissed.

WHEREFORE, PREMISES CONSIDERED, Mr. Wickline respectfully

requests an order granting this agreed motion and dismissing this appeal, allocating

costs to the party incurring the same, and for such other and further relief to which

he may be justly entitled.

Dated: December 30, 2015 Respectfully submitted,

BECK REDDEN LLP

/s/ David J. Beck________________ David J. Beck State Bar No. 00000070 dbeck@beckredden.com 1221 McKinney Street, Suite 4500 Houston, Texas 77010 Tel. (713) 951-3700 Fax (713) 951-3720

Karson K. Thompson State Bar No. 24083966 kthompson@beckredden.com Christopher Cowan State Bar No. 24084975 ccowan@beckredden.com BECK REDDEN LLP 515 Congress Avenue, Suite 1900 Austin, Texas 78701 2 Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993).

3

Tel. (512) 708-1000 Fax (512) 708-1002

Attorneys for Appellant – Plaintiff Gregory Joe Wickline

CERTIFICATE OF CONFERENCE

I hereby certify that on December 29, 2015, I conferred with Counsel for Appellants by e-mail regarding the relief sought by this motion, and he indicated the motion is agreed.

/s/ David J. Beck___________________ David J. Beck

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this document was delivered on December 30, 2015, in compliance with Rules 9.5(b) of the Texas Rules of Appellate Procedure, to the parties listed and in the manner indicated below.

Sean E. Breen  Electronic service sbreen@howrybreen.com □ In person Randy R. Howry □ Registered mail, return receipt requested rhowry@howrybreen.com □ Commercial delivery service James Hatchitt □ Facsimile jhatchitt@howrybreen.com  Electronic mail HOWRY BREEN & HERMAN, LLP 1900 Pearl Street Austin, Texas 78705-5408 Telephone: (512) 474-7300 Facsimile: (512) 474-8557

Attorneys for Appellees – Defendants Board of Regents for the Oklahoma Agricultural and Mechanical Colleges and James Michael Holder /s/ David J. Beck___________________ David J. Beck