Scott Mandle v. Old West Capital Co., as Assignee of the Judgment Originally Taken by Oliphant Financial Corporation And A+ Federal Credit Union

CourtCourt of Appeals of Texas
DecidedJanuary 23, 2015
Docket03-14-00442-CV
StatusPublished

This text of Scott Mandle v. Old West Capital Co., as Assignee of the Judgment Originally Taken by Oliphant Financial Corporation And A+ Federal Credit Union (Scott Mandle v. Old West Capital Co., as Assignee of the Judgment Originally Taken by Oliphant Financial Corporation And A+ Federal Credit Union) 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
Scott Mandle v. Old West Capital Co., as Assignee of the Judgment Originally Taken by Oliphant Financial Corporation And A+ Federal Credit Union, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 03-14-00442-CV 3887210 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/23/2015 5:13:16 PM JEFFREY D. KYLE CLERK

No. 03-14-00442-CV

FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS THIRD DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 1/23/2015 5:13:16 PM JEFFREY D. KYLE Clerk SCOTT MANDLE (APPELLANT)

v. OLD WEST CAPITAL Co., as assignee of the judgment originally taken by Oliphant Financial Corporation, and A+ FEDERAL CREDIT UNION (APPELLEES)

From Cause No. C-1-CV-13-010555 County Court at Law No. 1 Travis County, Texas

AGREED MOTION TO DISMISS APPEAL

To the Honorable Justices of the Third District Court of Appeals:

Pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), Appellant Scott Mandie

and Appellees Old West Capital Co. and A+ Federal Credit Union (collectively,

"Parties") file this Agreed Motion to Dismiss Appeal, asking the Court to set aside the

trial court's judgment without regard for the merits and remand the case to trial court for

rendition of judgment in accordance with the Parties' settlement agreement, attached

hereto as Exhibit B.

I. INTRODUCTION

On January 17,2014, the presiding judge in County Court at Law No.1 signed an

Agreed Judgment of Garnishment ("Judgment") in Old West Capital Co., as assignee of

the judgment originally taken by Oliphant Financial Corporation (Garnishor) v. A+

AGREED MOTION TO DISMISS APPEAL PAGE 1 OF 4 Federal Credit Union (Garnishee) and Scott Mandie (Defendant Debtor), Cause Number

C-1-CV-13-010555, in favor of Old West Capital Co. as garnishor and against Scott

Mandie as debtor/defendant, in the total amount of$ 4,056.69 from funds belonging to

Scott Mandie but held by A+ Federal Credit Union as garnishee. Said Judgment further

ordered that A+ Federal Credit Union recover $500.00 in attorney's fees from funds

belonging to Mandie but held by A+ Federal Credit Union. Finally, said Judgment

discharged A+ Federal Credit Union of all liability to Mandie with respect to the

foregoing sums.

Scott Mandie, who was not a party to the Agreed Judgment of Garnishment

("Judgment") but had filed an answer contesting the garnishment proceeding prior to

entry of the Judgment, subsequently filed a timely perfected his restricted appeal

challenging said Judgment on July 15, 2014, by filing a notice of appeal.

The Parties have since been in negotiations in an effort to resolve their dispute

without necessity of intervention by this Court.

II. ARGUMENT AND AUTHORITIES

The Court has the authority under Texas Rule of Appellate Procedure 42.l(a)(2) to

grant this joint motion to dismiss.

The Parties have reached an agreement to compromise and settlement their

differences in the suit Old West Capital Co., as assignee of the judgment originally taken

by Oliphant Financial Corporation (Garnishor) v. A+ Federal Credit Union (Garnishee)

and Scott Mandie (Defendant Debtor), Cause Number C-1-CV-13-010555.

AGREED MOTION TO DISMISS APPEAL PAGE2 OF4 The Parties ask the Court to set aside the trial court's judgment, attached hereto as

Exhibit A, without regard to the merits and remand the case to the trial court for rendition

of judgment, attached hereto as Exhibit C, in accordance with the Parties' settlement

agreement. Tex. R. App. P. 42.l(a)(2)(B).

III. CONCLUSION

Pursuant to its authority under Texas Rule of Appellate Procedure 42.1(a)(2)(B)

and for the reasons set forth more fully above, the Court should grant this Agreed Motion

to Dismiss the Appeal, set aside the trial court's judgment below and remand the case to

the trial court for rendition of judgment in accordance with the Parties' settlement

agreement.

IV. PRAYER

For these reasons, the Parties ask the Court to grant this Agreed Motion to Dismiss

Scott Mandie's Appeal with costs taxed accordingly.

Respectfully submitted,

SLACK & DAVIS, LLP 2705 Bee Cave Road, Suite 220 Austin, Texas 78746 512.795.8686 512.795.8787 (fax)

OJ_

ATTORNEY FOR APPELLANT SCOTT MANDLE

AGREED MOTION TO DISMISS APPEAL PAGE3 OF4 LAW OFFICE OF ALISA RICHMAN 304 S. Record Street, Suite 100 Dallas, Texas 75202 214.522.7266

\. sQlt~. Alisa S. Richman Texas State Bar No. 2406g61 0 Alisa@thericbmanlawfirm.com

ATrORNEY FOR OLD WEST CAPITAL Co.

BLALACk & WILLIAMS, P.C. 4851 LBJ Freeway, Suite 750 Dallas, Texas 75244 214.630.1916 214.630.1112

£ Rob Woodcock t(zJ!ts-.

Texas State Bar No. 24010490 rwoodcock@blalack.com

ATrORNEY FOR A+ FEDERAL CltEDJT UNION

AGREED MOTION TO DISMISS APPEAL PAGE40F4 EXHIBIT A NO. C-l.CV·l3-0l055S

OlD WEST CAPITAL CO., as usipee of § IN THE COUNTY COURT the judiiJIOIU originally taken by Oliphant § Financial Corporation § § v. § AT LAWNUMBER ONE § A+ FBDBRAL CREDIT UNION § (Gamisbeo) § § § § T1lAVIS COUNTY, TP.XAS - $ :"

AGBIED JJJDDMINT OF GABNISJIMENT On this day came on to be heard the above-emitted and nwnbe..- cause, in which Old West Capital Co. is Plaintift: and A+ Federal Credit Union Ia Oamisbee. 'lbe parties appeeml by and

throup their respective attorneys of record and announced to the Court that aU matters of fi.ct and things m'c:ontroversy between them bad been fully and 6naDy compromised and settled. It appem to

the Court that Judgment Debtor, Scott Mandie, bas beeo given proper notice ofthis ginUshment as

required by law, and has made no response. Further, it appears to the Court that the Gamisbee has

answered bmin as being indebted to Judgment Debtor in tho total amouot of$4,556.69. And the

Court having beard the ap:cmcnt of the parties, and based thereon, alona with the answer of Ouniahce. makes the tbllowing orders: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Old West Capital

Co. have and recover of aDCl against A+ federal Credit Union, the sum of $4,056.69 from the

funds ofDcfcmdant Debtor cum:ntly being held by A+ Federal Credit Union, and such sum to be

cmiitcd to the judgment in Cause No. 272224, owned by Old West Capital Co. against Scott

M~ signed in this Court on April22, 2004. ACJR:SEQ JUDQMBNT OF GABNISHMBNT- PAGE 1

31 IT IS FURTHER ORD:BRED that A+ Federal Credit Union have and recover SSOO.OO as

reasonable atto11lCI)fs fDes tlom the sum in its posscaaion belonging to Scott Mancnc.

IT IS FURTHER ORDERED tbat A+ Federal Crc:dl Union. ()arnishco, is hereby

discbupd of aD tiability to Scott Mandie and Old West Capital Co. to the extent of tho sums

above ordered.

, This is a final appealable judgment.

AOQBD WQQMBNT Of OARNJSHMJ!NI- PAGE 2

32 APPRQV'El) .AND AORBBD JlY;

AUSAS. RICHMAN &tate. Bar No. 2406861 o - atisa@shouloli.w.net AUBYN K.. SHE.ITLB. JR. State Bar No. 18257000 ~~law.:net 46.19112Sl11'1UlC0Lane oauaa. Texas 1s2os (Zl4) 522-7266 (214) 522..7832 Fax

A'ttOJl'NBYS FOR OLD WEST CAPITAL CO.

z l.OBBl'I' A. 'WOOPCOCK state Bar No. 24010490 1 t/l't/1'1

rw()OdoOclc@blalaclt.com aLAX.ACKct WILtJAMs SSSO LBJ Pxeoway, Suite 400 DalJu, Texai 75240 (214) 630..1916 (214}630..J t 12 Fax

ATTORNEYS FOR..A+ FBDJ!R.AL CRBDIT UNION

33 EXHIBITB CAUSE No. C-1-CV-13-010555

OLD WEST CAPITAL CO., as IN THE COUNTY COURT assignee of the judgment originally taken by Oliphant Financial Corporation (Garnishor)

v. ATLAWNUMBER1 A+ FEDERAL CREDIT UNION (Garnishee)

and

SCOTT MANDLE, TRAVIS COUNTY, TEXAS (Defendant)

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Scott Mandle v. Old West Capital Co., as Assignee of the Judgment Originally Taken by Oliphant Financial Corporation And A+ Federal Credit Union, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-mandle-v-old-west-capital-co-as-assignee-of-the-judgment-texapp-2015.