Janos Farkas v. Second Congress, Ltd.

• Court: Court of Appeals of Texas
• Decided: April 13, 2015
• Docket: 03-14-00108-CV
• Status: Published

Opinion

ACCEPTED 03-14-00108-CV 4867510 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 3:37:59 PM JEFFREY D. KYLE CLERK

NO. 03-14-00108-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE THIRD COURT OF APPEALS OF TEXAS 4/13/2015 3:37:59 PM JEFFREY D. KYLE Clerk JANOS FARKAS, Appellant v. SECOND CONGRESS, LTD Appellee

APPEAL FROM THE 261 51 DISTRICT COURT TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-10-003632

AGREEMENT TO DISMISS

Pursuant to TEX. R. APP. P. 42.1(a)(2) and 18.1(c), Appellant Janos Farkas

and Appellee Second Congress, Ltd. (collectively "Parties", individually "Party")

respectfully state:

1. Appellant appealed a judgment entered in Cause No. D-1-GN-1 0-003632, in

the 261 st District Court, Travis County, Texas on August 11, 2011

("underlying case"). The appeal was assigned Cause No. 03-11-00807-CV.

2. The present appeal is from post-judgment proceedings (April3, 2013 Order as

amended December 6, 2013 and December 9, 2013) concerning Cause No.

D-1-GN-1 0-003632.

AGREEMENT TO DISMISS 3. Appellant timely appealed the April 3, 2013 Order which was assigned

Cause No. 03-13-00379-CV.

4. This appellate Court issued a memorandum opinion on April 25, 2014 for

Cause No. 03-11-00807-CV. The memorandum opinion also dealt with

appeals of post-judgment proceedings of the underlying case including Cause

Nos. 03-13-00379-CV and 03-13-00388-CV.

5. The memorandum opinion affinned the trial court with respect to the

underlying case. The memorandum opinion dismissed Appellant's appeal of

the April 3, 2013 Order in view of the December 6, 2013 and December 9,

2013 orders.

6. Prior to the Court's memorandum opinion, Appellant had also timely appealed

the December 6, 2013 and December 9, 2013 orders. The appeal was

assigned Cause No. 03-14-00108-CV (i.e., the present proceeding).

7. Appellant filed a motion for rehearing concerning the underlying case Cause

No. 03-11-00807 on July 11,2014. No decision has been rendered by the

Court on Appellant's motion for rehearing for the underlying case.

8. No decision has been rendered by the Court in the present appeal of post-

judgment proceedings concerning the underlying case.

9. The Parties have since entered into a settlement agreement concerning the

underlying case and related proceedings and seek to dismiss the cause.

AGREEMENT TO DISMISS 2 10. The Parties request that costs be assessed against the Party that incurred them.

11. The Parties do not request that the mandate issue early.

For these reasons and by agreement of the Parties as evidenced by the

signatures of their counsel below, the Parties request the Court grant an Order

dismissing the cause and taxing the costs of appeal against the party incurring

them. 1

Respectfully submitted,

Robert L. Kaminski William D. Davis SBN: 00784367 SBN: 00796444 SA VRICK SCHUMANN JOHNSON DAVIS & ASSOCIATES MCGARR KAMINSKI & SHIRLEY, LLP P.O. Box 1093 The Overlook at Gaines Ranch Dripping Springs, TX 78620 4330 Gaines Ranch Loop, Suite 150 (512) 858-9910 (TEL) Austin, Texas 78735 (512) 858-2357 (FAX) (512) 347-1604 (TEL) bdavis@capita1-ip.com (512) 347-1676 (FAX) bob@ssjmlaw.com Attorney for Appellant Janos Farkas

Attorney for Appellee Second Congress, Ltd.

1 Dismissal of related cause 03-11-00807 -CV is being sought by separate pleading/motion.

AGREEMENT TO DISMISS 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served in accordance with Tex. R. App. P. 9.5 and Local Rule 4 in the manner indicated below on April 13, 2015:

Attorney for Appellee Robert L. Kaminski (via e-serve) SAVRICK SCHUMANN JOHNSON MCGARR KAMINSKI & SHIRLEY, LLP The Overlook at Gaines Ranch 4330 Gaines Ranch Loop, Suite 150 Austin, Texas 78735

Receiver Thomas L. Kolker (via e-serve) GREENSTEIN & KOLKER 1006 E. Cesar Chavez St. Austin, Texas 78702

William D. Davis

AGREEMENT TO DISMISS 4