Joe Alton Greer v. Rebecca Rodriguez Greer

CourtCourt of Appeals of Texas
DecidedMay 4, 2015
Docket03-15-00208-CV
StatusPublished

This text of Joe Alton Greer v. Rebecca Rodriguez Greer (Joe Alton Greer v. Rebecca Rodriguez Greer) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joe Alton Greer v. Rebecca Rodriguez Greer, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 03-15-00208-CV 5145191 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 4:38:55 PM JEFFREY D. KYLE CLERK NO. 03-15-00208-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 4:38:55 PM FOR THE JEFFREY D. KYLE Clerk THIRD SUPREME JUDICIAL DISTRICT

AUSTIN, TEXAS

JOE ALTON GREER, Appellant,

VS.

REBECCA RODRIGUEZ GREER, Appellee.

Appeal from the 425th Judicial District Court of Williamson County, Texas

MOTION TO DISMISS APPEAL

TO THE HONORABLE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT OF TEXAS:

Pursuant to Rule 42 ofthe Texas Rules ofAppellate Procedure, Appellant, Joe Alton

Greer, moves to dismiss this appeal on the following grounds:

Greer v. Greer Motion to Dismiss Appeal Page 1 A. Introduction

1. Appellant perfected hisappeal on 7 April 2015, when he filed a Notice ofAppeal with

the 425th Judicial District Court of Williamson County, Texas. The judgment from which

the appeal was taken was entered on 7 January 2015 in Cause No. 12-1050-F425, styled In

the Matter ofthe Marriage ofJoe Alton Greer and Rebecca Rodriguez Greer, in the 425th

Judicial District Court of Williamson County, Texas.

B. Grounds

2. On 22 April 2015, the trial court granted a new trial in this case and signed an Order

on Petitioner's Motionfor New Trial setting aside the judgment entered on 7 January 2015.

C. Conclusion

3. In light ofthe granting of the new trial in this case, this appeal is moot and should be

dismissed.

D. Prayer

4. For these reasons, the Appellant ask the Court to grant this motion to dismiss.

Greer v. Greer Motion to Dismiss Appeal Page 2 Respectfully Submitted,

LAW OFFICE OF KARL E. HAYS, PLLC 2101 South lH-35, Suite 210 Austin, Texas 78741 512-476-1911 512-476-1904 facsimile service@havsfamilvlaw.com

By: /s/ Karl E. Havs Karl E. Hays State Bar Number 09307050

ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

Pursuant to Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, the undersigned attorney hereby certifies that he has conferred with Appellee's counsel regarding the substance of this motion and that Appellee's counsel has indicated that he does not oppose the granting of this motion.

/s/ Karl E. Havs Karl E. Hays

Greer v. Greer Motion to Dismiss Appeal Page 3 Certificate of Service

In compliance with Rule 9.5(a), 9.5(d), and 9.5(e) of the Texas Rules of Appellate Procedure, the undersigned attorney certifies that a true and correct copy of the foregoing Motion to Dismiss Appeal has been served upon the below-named individual, in the manner noted below, as prescribed by Rule 9.5(b) of the Texas Rules ofAppellate Procedure on this 4th day of May 2015.

Is! Karl E. Havs Karl E. Hays

Via E-File Transmission Bradley M. Coldwell Coldwell Bowes, L.L.P. 919 Congress Ave., Suite 1200 Austin, Texas 78701 Efiling.coldwell@coldwellbowes.com

Greer v. Greer Motion to Dismiss Appeal Page 4

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Joe Alton Greer v. Rebecca Rodriguez Greer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joe-alton-greer-v-rebecca-rodriguez-greer-texapp-2015.