Leeco Steel, LLC v. GlobeNet Metals, LLC Aubrey R. Conner And Pierce Metals, LLC

• Court: Court of Appeals of Texas
• Decided: June 5, 2015
• Docket: 01-15-00360-CV
• Status: Published

Opinion

ACCEPTED 01-15-00360-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/5/2015 8:56:45 AM CHRISTOPHER PRINE CLERK

Case No. 01-15-00360-CV

COURT OF APPEALS FILED IN 1st COURT OF APPEALS FIRST DISTRICT OF TEXAS HOUSTON, TEXAS AT HOUSTON, TEXAS 6/5/2015 8:56:45 AM CHRISTOPHER A. PRINE Clerk

LEECO STEEL, LLC,

Appellant-Intervenor,

v.

GLOBENET METALS, LLC,

Appellee,

and

AUBREY R. CONNER AND PIERCE METALS, LLC

Appellee.

On Appeal from the 353rd Judicial District Court Travis County, Texas

APPELLANT'S MOTION TO DISMISS APPEAL

TO THE HONORABLE COURT OF APPEALS:

Appellant Leeco Steel, LLC files its request for the Court to dismiss this

appeal.

1 1. Appellant is a judgment creditor of Appellee Pierce Metals, LLC

("Pierce Metals") and intervened to challenge a turnover order entered in a

separate proceeding initiated by Appellee GlobeNet Metals, LLC ("GlobeNet").

GlobeNet also purports to be a judgment creditor of Pierce Metals. Appellant did

not receive notice of the separate proceeding until the turnover order had been

entered and therefore proceeded to file this appeal.

2. Appellant and GlobeNet have agreed to a private resolution of the

matters subject to Appellant's appeal. Appellant is therefore withdrawing its

3. Appellant asks the Court to dismiss this appeal without issuance of

any ruling as to the merits of the appeal, pursuant to Texas Rule of Appellate

Procedure 42.1 (a)(1).

2 Respectfully submitted,

FEE, SMITH, SHARP & VITULLO, L.L.P

bsanders@feesmith.com JEFFREY D. BOYD State Bar No. 24069404 jboyd@feesmith.com 816 Congress Avenue, Suite 1265 Austin, Texas 78704 (512) 479-8400 (512) 479-8402 [Fax]

ATTORNEYS FOR APPELLANT

3 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing was served on all parties of record and the following in accordance with the Texas Rules of Appellate Procedure, as follows on the 5th day of June, 2015:

Via Facsimile & Certified Mai/IR.RR Via Email and Certified Mail/RRR Matias Garcia Aubrey R. Conner Barnett & Garcia, PLLC Pierce Metals, LLC 3821 Juniper Trace, Suite 108 241651-10 West, Ste. 217 Austin, Texas 78738 San Antonio, Texas 78257 (512) 266-8803 [Fax] aubrey .conner 1@att.net Attorneys for Globenet Metals, LLC Defendant-Appellee Via Certi[ied Maii/RRR Via Email Pierce Metals, LLC JW Johnson 1114 Highway 87 South Johnson Law San Angelo, Texas 76904 San Angelo Defendant-Appellee jlo@johnsonlawoffices.org Attorney for Defendant-Appellee