Royal Bengal Construction, Inc. v. United Rentals, Inc.

Opinion

ACCEPTED 15-25-00053-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/30/2025 9:01 PM NO. 15-25-00053-CV CHRISTOPHER A. PRINE CLERK ______________________ FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE 6/30/2025 9:01:58 PM COURT OF APPEALS CHRISTOPHER A. PRINE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN Clerk ______________________

ROYAL BENGAL CONSTRUCTION, INC.

v.

UNITED RENTALS, INC.

Appealed from 191ST Judicial District Court Trial Court Cause No. DC-24-02808 in Dallas County, Texas

APPELLANT’S MOTION TO DISMISS APPELLANT’S APPEAL

TO THE HONORABLE COURT OF APPEALS

APPELLANT, by and through counsel, file this MOTION TO DISMISS

APPELLANT’S APPEAL and would show this Court the following:

BACKGROUND & RELIEF REQUESTED

1. Appellant’s Brief on the merits is due on June 30, 2025.

2. Appellant has previously requested extensions for its Appeal.

3. After second, full and thorough review of the Clerk’s record in this Matter,

Appellant now requests this Court dismiss this Appeal.

MOTION TO DISMISS APPEAL PAGE 1 OF 3 4. Appellee did not prove up nor did Appellee request appellate fees in its default

judgment, nor are any conditional appellate attorney’s fees included in said default

judgment order.

ATTEMPTS TO CONFERENCE

5. Counsel for Appellant emailed Counsel for Appellee regarding this motion,

among several other circumstances between the parties, indicating that this Motion

would be filed today, asking for a conference regarding this Motion. A response was

received, addressing the other matters in the correspondence, and no objection as to

filing this Motion was expressed in the response.

6. Based on information and belief, Appellant has no reason to believe Appellee

would oppose this relief.

RELIEF

7. Appellant moves this Court to render an ORDER dismissing this appeal.

PRAYER FOR RELIEF

Wherefore, premises considered, Movant prays that this Court will GRANT this

motion, and prepare an ORDER dismissing this appeal.

Respectfully Submitted.

By: /s/ William Knisley WILLIAM KNISLEY SBOT No. 24095728 William@Knisley.Law

MOTION TO DISMISS APPEAL PAGE 2 OF 3 KNISLEY, PLLC PO BOX 803710 Dallas TX 75380 (T) 972-925-9225 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of this document has been E- Served on all parties or their counsel of record through the Texas E-File System via their email address on file on 6/30/2025. /s/ William Knisley

CERTIFICATE OF CONFERENCE The undersigned certifies that Counsel for Appellant attempted to confer regarding dismissing this appeal via motion and while a specific opposed or unopposed as not stated, no specific objection to this motion was received by Appellant’s counsel.

/s/ William Knisley

MOTION TO DISMISS APPEAL PAGE 3 OF 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 102617361 Filing Code Description: Motion Filing Description: Motion to Dismiss Appeal Status as of 7/1/2025 6:59 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William Knisley William@Knisley.Law 6/30/2025 9:01:58 PM SENT

Matt Garcia matt@barnettgarcia.com 6/30/2025 9:01:58 PM SENT

Tracy East paralegal@barnettgarcia.com 6/30/2025 9:01:58 PM SENT