in Re: GEICO Indemnity Company
Opinion
ACCEPTED
05-15-00805-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/15/2015 3:57:29 PM
LISA MATZ
CLERK
Case Number 05-15-00805-CV
IN THE FIFTH DISTRICT COURT OF APPEALS FILED IN 5th COURT OF APPEALS
DALLAS, TEXAS
at Dallas 7/15/2015 3:57:29 PM LISA MATZ
Clerk
In Re GEICO Indemnity Company,
Relator.
Original Proceeding from Cause Number CC-14-02324-A Pending in Dallas County Court at Law Number One (1)
MOTION TO DISMISS ORIGINAL PROCEEDING WITH PREJUDICE
WALTERS, BALIDO & CRAIN, L.L.P.
Gregory R. Ave
State Bar Number 01448900 greg.ave@wbclawfirm.com
Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231
Telephone Number (214) 347-8310 Facsimile Number (214) 347-8311
ATTORNEYS FOR RELATOR
July 15, 2015 GEICO INDEMNITY COMPANY
TO THE HONORABLE DALLAS COURT OF APPEALS:
Relator GEICO Indemnity Company (“GEICO”), pursuant to Texas
Rules of Appellate Procedure Rule 10.1 and Rule 42.1(a)(1), files this its
motion to dismiss this original proceeding with prejudice on the grounds
stated in this motion.
1. This original proceeding concerns certain orders (entered on or
about April 27, 2015 and June 30, 2015) in cause number CC-14-02324-A,
styled Lakedia Whitaker v. GEICO Indemnity Company, et. al., and pending in
the Dallas County Court at Law Number One(1) of Dallas County, Texas.
Lakedia Whitaker (“Whitaker”) filed her lawsuit seeking to recover
compensatory damages for bodily injuries allegedly sustained due to an
automobile accident which occurred on or about July 14, 2012. Specifically,
Whitaker sought to recover uninsured motorist (“UM”) benefits under
Texas personal automobile insurance policy number 4273266652 issued by
GEICO, as well as damages for GEICO’s alleged bad faith and statutory
violations related to the handling of her claim for UM benefits.
2. Subsequent to the filing of GEICO’S Petition for Writ of
Mandamus, GEICO and Real Party in Interest Lakedia Whitaker
(“Whitaker”) reached a settlement agreement as to all issues, both
contractual and extra-contractual, alleged under cause number CC-14-
02324-A, pending in the Dallas County Court at Law Number One (1), and
before the honorable Judge D’Metria Benson. Pursuant to Texas Rules of
Appellate Procedure 10.1 and 42.1(1), GEICO file this its motion to dismiss
the instant original proceeding.
3. The resolution and conclusion of Whitaker’s claim for UM
benefits and the full and final release of any and all contractual and
purported extra-contractual claims renders this original proceeding moot.
4. The parties have entered into a binding Rule 11 Agreement
(attached as Exhibit A) and the settlement and release agreement is in the
process of being signed and executed by Whitaker. Via the filing of this
Motion, GEICO requests this original proceeding be dismissed with
prejudice, with all costs taxed against the party which incurred same. In
addition, GEICO and Whitaker have agreed to bear the costs of their own
attorneys in the original proceeding and in the trial court.
On these premises, Appellant GEICO Indemnity Company requests
the Court dismiss this original proceeding with prejudice, for the Court to
order costs to be taxed against the party incurring the same, and that the
Court grant such further relief as is just.
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
BY: /s/ Gregory R. Ave GREGORY R. AVE Texas Bar No.: 01448900 greg.ave@wbclawfirm.com JAY R. HARRIS Texas Bar No.: 00793907 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 Telephone: 214-347-8310 Facsimile: 214-347-8311
ATTORNEYS FOR RELATOR GEICO INDEMNITY COMPANY
CERTIFICATE OF SERVICE
This is to certify that on this the 15th day of July, 2015 a true and correct copy of the above document has been forwarded to all counsel of record in compliance with the Texas Rules of Civil Procedure.
The Honorable Judge D’Metria Benson Via hand delivery Judge of the Dallas County Court at Law Number 1 for Dallas County, Texas George L. Allen, Sr. Courts Building 600 Commerce Street, 5th Floor New Tower Dallas, Texas 75202
Meghana K. Wadhwani Via E-Serve Carlos Cortez Modjarrad Abusaad Said Law Firm 212 West Spring Valley Road Richardson, Texas 75081
ATTORNEYS FOR REAL PARTY IN INTEREST LAKEDIA WHITAKER
/s/ Gregory R. Ave Gregory R. Ave
EXHIBIT A
.WBC
· WALTERS
SALIDO& CRAIN ATTORNEYS l(f IAW
AUSTIN* DAUAS *DECATUR* HOUSTON
SARAH HOLLEY LONG
Partner
sorah.long@wbolawfirm.com Sen>lce of Documents:
LongEDoosNotifroatiolll!@wbolawfirm.com (214) 347-8342 - Direct Line (214) 347-8343 - Direct Fax
July 8, 2015
Carlos Cortez Via Fa£simile: 972-789-1665 MeghanaK. Wadhwani Mohamad Said Modjarrad Abusaad Said Law Finn 212 W. Spring Valley Rd. Richardson, Texas 75081
RE: LAKED/A WHITAKER ~ GLENDA MAZARIEGOS, JOSE RODRIGUEZ, AND GEICO INDEMNITY COMPANY Cause Number: CC-14-02324-A Court: County Court at Law No. 1, Dallas County, Texas Our File Number: 1718-77420
Dear Counsel:
Please allow this letter to serve as written con!mnation of settlement in the above referenced matter. Defendant GEICO Indemnity Company, bas agreed to pay $30,000.00 in exchange for a full and final releruie of any and all claims as asserted in the above referenced cause number.
Please provide me with any lien/subrogation infonnation so that I may request a settlement check. In the meantime, I will prepare a release and dismissal.
If the foregoing accurately reflects our agreement, please sign in the space provided below and return a signed copy of this correspondence to my office. Please contact me immediately ifthere are any inaccuracies.
WALTERS SALIDO &CRAIN L.L.P.
MEADOWPARKTOWER 10440NORTHCENTRALEXPRESSWAY SUIT£1500 DAUAS, TEXAS 75231 FA>c 214.760.1670 TELEPHONE: 214.749.4805 www.wbdawflrm.com
July 8, 2015 Page2
Thank you for your courtesy and attention to this matter.
C osCortez Meghana K. Wadhwani Mohamad Said
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