Post Oak Lane Townhome Owners Association v. the Bank of New York Mellon F/K/A the Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003-BC1 and Wade Riner

Opinion

ACCEPTED

01-15-00462-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/6/2015 12:19:00 PM CHRISTOPHER PRINE

CLERK

CAUSE NO. 01-15-00462-CV

POST OAK LANE TOWNHOME § IN THE FIRST (1ST)

FILED IN

OWNERS ASSOCIATION § 1st COURT OF APPEALS § HOUSTON, TEXAS VS. § 7/6/2015 12:19:00 PM § CHRISTOPHER A. PRINE THE BANK OF NEW YORK MELLON § COURT OF Clerk APPEALS

F/K/A THE BANK OF NEW YORK, § AS TRUSTEE FOR THE § CERTIFICATEHOLDERS OF CWABS § SERIES 2003-BC1 AND WADE § RINER, INDIVIDUALLY § HARRIS COUNTY, TEXAS

MOTION TO DISMISS APPEAL

Appellant, POST OAK LANE TOWNHOME OWNERS ASSOCIATION hereby requests the

Court to dismiss this appeal.

INTRODUCTION

1. Appellant is Post Oak Lane Townhome Owners Association (“Post Oak”);

Appellees are The Bank of New York Mellon f/k/a The Bank of New York as Trustee for

the Certificateholders of CWABS Series 2003-BC1 and Wade Riner, Individually.

2. Appellant filed this appeal on May 14, 2015 when it filed a Notice of Appeal.

ARGUMENTS AND AUTHORITIES

3. The Court has authority under Texas Rule of Appellate Procedure

42.1(a)(2) to grant this motion to dismiss.

4. The parties have reached an agreement to compromise and settle their

differences in the suit styled: Cause No. 2013-00567; Post Oak Lane Townhome Owners

Association v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for

the Certificateholders of CWABS Series 2003-BC1 and Wade Riner, Individually; In the

11th Judicial District Court of Harris County, Texas.

TLD:JLE:10-1221-09: Mtn Dismiss Appeal

5. Appellant Post Oak asks the Court to dismiss this appeal.

6. For these reasons, the Appellant asks the Court to grant this motion to

dismiss. Costs on appeal should be taxed against Appellant.

SIGNED this 6th day of July, 2015.

Respectfully submitted, FRANK, ELMORE, LIEVENS, CHESNEY & TURET, L.L.P.

/s/ William L. Van Fleet__________ William L. Van Fleet State Bar No. 20494750 Jerry L. Elmore State Bar No. 06590000 9225 Katy Freeway, Ste. 250 Houston, Texas 77024-1564 713-224-9400 Telephone 713-224-0609 Fax jelmore@felct.com bvfleet@comcast.net

Attorneys For Post Oak Lane Townhome Owners Association

CERTIFICATE OF SERVICE

I, the undersigned attorney, hereby certify that a true and correct copy of the foregoing Motion to Dismiss Appeal has been forwarded by ECF to the following attorneys of record on this 6th day of July, 2015:

Michael J. McKleroy, Jr., Janet Douvas Chafin AKERMAN SENTERFITT, LLP JACKSON WALKER L.L.P. 2001 Ross Avenue, Suite 2550 1401 McKinney, Suite 1900 Dallas, Texas 75201 Houston, Texas 77010

/s/ William L. Van Fleet___________ William L. Van Fleet

TLD:JLE:10-1221-09: Mtn Dismiss Appeal