Harry W. Sturges v. Suntrust Mortgage, Inc.

• Court: Court of Appeals of Texas
• Decided: January 28, 2015
• Docket: 01-14-00865-CV
• Status: Published

Opinion

ACCEPTED 01-14-00865-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 10:47:39 AM CHRISTOPHER PRINE CLERK

IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 10:47:39 AM NO. 01-14-00865 CHRISTOPHER A. PRINE Clerk HARRY W. STURGES, IV, APPELLANT

V.

SUNTRUST MORTGAGE, INC., APPELLEE

On Appeal from the County Court at Law No. One (1) Galveston County, Texas Trial Court Cause No. CV-0071918

APPELLANT’S MOTION TO DISMISS APPEAL

HARRY W. STURGES, IV, Appellant, through undersigned counsel, hereby files

his Motion to Dismiss Appeal, and in support thereof, respectfully represents:

1. Harry W. Sturges, IV, Appellant, and Suntrust Mortgage, Inc., Appellee,

have entered into a Settlement Agreement resolving their differences.

2. This Settlement Agreement has been approved by the United States

Bankruptcy Court for the Southern District of Texas, Houston Division, in the case styled

In re Harry Wilton Sturges, IV, 12-34249. The Court entered an Order approving the

Settlement Agreement on January 7, 2015.

3. Accordingly, as all differences between the parties have been amicably

resolved, Appellant hereby requests that this Court enter an order dismissing the

Appellant’s appeal in the above-captioned matter.

WHEREFORE, Appellant respectfully requests that this Court enter an order

dismissing this case and granting such other and further relief as is equitable and just.

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Respectfully submitted,

/s/ Patrick D. Devine Patrick D. Devine State Bar No. 05662200 Law Office of Patrick D. Devine 8300 FM 1960 West, Suite 450 Houston, Texas 77070 Phone: 832-251-2722 Fax: 866-488-1082 Email: pdevine@pdevinelaw.com

Attorney for Harry W. Sturges, IV

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing pleading has been sent by telephonic document transfer before 5:00 p.m. of the recipient's local time to (1) Israel Saucedo, Mackie Wolf Zientz & Mann, PC, Parkway Office Center, Suite 900, 14160 North Dallas Parkway, Dallas, Texas 75254, at Facsimile 214-635-2686; (2) Rex L. Kesler, 2311 Canal Street, Suite 304, Houston, TX 77003 at Facsimile 281-501-3191; and (3) Mitchell J. Buchman, Battett Daffin Frappier Turner, 1900 St. James Place, Suite 500, Houston, TX 77056 at MitchelB@bdfgroup.com on the 28th day of January, 2015.

/s/ Patrick D. Devine Patrick D. Devine Attorneys for Harry W. Sturges, IV

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