Petrofac Facilities Management International Limited and Petrofac Brownfield, Ltd. v. Immi Turbines, Inc.

Opinion

ACCEPTED 14-15-00354-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 2:10:18 PM CHRISTOPHER PRINE CLERK

No. 14-15-00354-CV In the FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS Fourteenth Court of Appeals 10/22/2015 2:10:18 PM CHRISTOPHER A. PRINE Houston, Texas Clerk

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PETROFAC FACILITIES MANAGEMENT INTERNATIONAL LIMITED, AND PETROFAC BROWNFIELD, LTD. Appellants v. IMMI TURBINES, INC. Appellee

AMENDED JOINT MOTION TO VACATE AND REMAND TO EFFECT SETTLEMENT

TO THE HONORABLE COURT OF APPEALS:

The parties have agreed to settle their differences, including all litigated

claims and issues. To effectuate this settlement, it is necessary to vacate the

district court’s special-appearance ruling and remand for further proceedings. Accordingly, Petrofac Facilities Management International Limited and

IMMI Turbines, Inc., being all the parties to this suit1, jointly ask the Court to:

(1) vacate the special-appearance ruling that underlies this appeal and (2) remand

the cause to the district court, for further proceedings, as agreed by the parties.

Of course, the parties further request all other relief, alternative or supplemental,

that might be necessary to properly effect the agreed remand and settlement.

Respectfully submitted,

/s/ Greg Smith Greg Smith State Bar No. 18600600 Nolan Smith State Bar No. 24075632 RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 gsmith@rameyflock.com nolans@rameyflock.com

David J. Bush State Bar No. 03495300 David W. Frost State Bar No. 24002111 KENT, ANDERSON, BUSH, FROST & METCALF, P.C. 1121 ESE Loop 323, Suite 200 Tyler, TX 75701 Telephone: (903)579-7500 Facsimile: (903)581-3701 david.bush@tyler.net

ATTORNEYS FOR APPELLANTS

1 Petrofac Brownfield, Ltd. (which IMMI has nonsuited) was never more than an assumed name that the defendant, Petrofac Facilities Management International Limited, once operated under. See Appellants’ Brief at 2.

2 CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY

/s/ Kevin D. Jewell Kevin D. Jewell State Bar No. 00787769 C. Larry Carbo, III State Bar No. 24031916 Ryan O. Cantrell State Bar No. 24055259 1200 Smith Street, Suite 1400 Houston, Texas 77002 Telephone: (713) 658-1818 Facsimile: (713) 658-2553

ATTORNEYS FOR APPELLEE

Certificate of Conference This amended motion is unopposed and is filed jointly.

Certificate of Service A true copy of this amended motion was served October 22, 2015, via

CM ECF, on all counsel of record.

/s/ Greg Smith Greg Smith