Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc.

Opinion

ACCEPTED 03-15-00423-CV 8068313 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/3/2015 10:36:21 AM JEFFREY D. KYLE CLERK

IN THE THIRD COURT OF APPEALS

FILED IN 3rd COURT OF APPEALS NO. 03-15-00423-CV AUSTIN, TEXAS 12/3/2015 10:36:21 AM STAR OPERATIONS, INC. JEFFREY D. KYLE Clerk AND GREAT AMERICAN INSURANCE COMPANY OF NEW YORK Appellants vs. DIG TECH, INC. Appellee

Appealed from the 22nd Judicial District Court Caldwell County, Texas

UNOPPOSED MOTION TO DISMISS CROSS-APPEAL

TO THE HONORABLE JUSTICES OF THE SAID COURT:

COMES NOW Appellee/Cross-Appellant Dig Tech, Inc. ("Dig Tech") and

files this Unopposed Motion to Dismiss Cross-Appeal and as grounds therefore

would show this Court the following:

1. On July 13, 2015, Dig Tech filed a notice of appeal regarding the

single issue of the trial court's denial of prejudgment interest in the amount of 18%

per annum under Texas Property Code§ 28.003.

2. Dig Tech wishes to dismiss the cross-appeal on this single issue. No

briefing has been filed by either party on this issue. All appellate costs related to

this single cross-appeal issue should be borne by the party incurring them.

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3. Counsel for Dig Tech (Mr. Langham) conferred with counsel for

Appellants/Cross-Appellees (Mr. Robichaux) on November 23, 2015 and

December 3, 2015, and Appellants/Cross-Appellees are unopposed to the relief

sought in this motion.

WHEREFORE, PREMISES CONSIDERED, Dig Tech requests that the

Court exercise its discretion to dismiss the instant cross-appeal and for such other

and further relief to which Dig Tech may show itself justly entitled.

Respectfully submitted,

By: /s/ Chanler A. Langham Brian D. Melton Texas State Bar No. 24010620 bmelton@susmangodfrey.com Chanler A. Langham Texas State Bar No. 24053314 clangham@susmangodfrey.com 1000 Louisiana Street Suite 5100 Houston, TX 77002-5096 Telephone: (713) 651-9366

ATTORNEYS FOR APPELLEE AND CROSS-APPELLANT DIG TECH, INC.

2 3995611v1/014338 CERTIFICATE OF CONFERENCE

I certify that on November 23, 2015 and December 3, 2015, Counsel for Dig

Tech (Mr. Langham) conferred via email with counsel for Appellants/Cross-

Appellees (Mr. Robichaux), and Appellants/Cross-Appellees are unopposed to the

relief sought in this motion.

Isl Chanler A. Langham Chanler A. Langham

CERTIFICATE OF SERVICE

I hereby certify that the foregoing has been forwarded to counsel of record in

accordance with the applicable Tex. R. Civ. P. as listed below on this the 3rd day

of December, 2015.

Jam es H. Robichaux Clinton W. Twaddell, III BRANSCOMBIPC 802 N. Carancahua, Suite 1900 Corpus Christi, TX 78401-0036 Telephone: 361/886-3800 Telecopier: 361/886-3805

ATTORNEYS FOR APPELLANTS AND CROSS-APPELLEES STAR OPERATIONS, INC. AND GREAT AMERICAN INSURANCE COMP ANY OF NEW YORK

Isl Chanler A. Langham Chanler A. Langham

3 3995249vl/014338 VERIFICATION

STATE OF TEXAS §

COUNTY OF HARRIS §

BEFORE ME, the undersigned authority, on this day personally appeared

CHANLER A. LANGHAM, who being by me first duly sworn upon his oath

deposed and stated the following:

"My name is CHANLER A. LANGHAM. I am the attorney of record in the

trial court below for the Appellants and am the lead counsel on appeal for

Appellee/Cross-Appellant Dig Tech, Inc. I have read the foregoing Unopposed

Motion to Dismiss Cross-Appeal and state that the statements contained m

paragraphs 1-3 are within my personal knowledge and true and correct."

SWORN AND SUBSCRIBED TO BEFORE ME, which witness my hand

and seal of office, by the said CHANLER A. LANGHAM on the 3rd day of

December, 2015.

(SEAL) Not ry Public, State of TEXAS

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