Sylvia Aguilar and Mike Azayed v. Ricci Dante Bianchi and Alma Khubieh

Opinion

ACCEPTED 01-15-00562-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/26/2015 2:18:42 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00562-CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE FIRST COURT OF APPEALS 8/26/2015 2:18:42 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

SYLVIA AGUILAR AND MIKE AZAYED Plaintiffs-Appellants

v.

RICCI DANTE BIANCHI AND ALMA KHUBIEH, Defendants-Appellees

On appeal from the SOth Judicial District Court of Harris County, Texas

APPELLANTS' AGREED MOTION TO DISMISS THE APPEAL AND MOTION TO EXPEDITE ISSUANCE OF A MANDATE

Appellants Sylvia Aguilar and Mike Azayed and appellees Ricci Dante

Bianchi and Alma Khubieh moves this Court for an agreed Motion to Dismiss and

Motion to Expedite Issuance of a Mandate would show this Court as follows:

Pursuant to Texas rule of Appellate Procedure 42. l(a)(2), the Parties have

resolved their dispute and are in agreement that this action should be dismissed.

Accordingly the Appellants and Appellees request that this Court grant this Agreed

Motion to Dismiss and Motion to Expedite Issuance of a Mandate, with each party

bearing their own attorney's fees and costs. WHEREFORE, appellants Sylvia Aguilar and Mike Azayed and appellees

Ricci Dante Bianchi and Alma Khubieh move and respectfully pray that the court

dismiss the appeal and issue a mandate.

BURFORD PERRY, LLP

Ada I. Ferrer State Bar No. 24068198 700 Louisiana, Suite 4545 Houston, Texas 770002 (713) 401-9790 (713) 993-7739 (Facsimile) bperry@burfordperry.com aferrer@burfordperry.com

Attorney for Appellants

AGREED AS TO SUBSTANCE AND FORM:

CHERKAOUI & ASSOCIATES, PLLC

Isl Mehdi Cherkaoui

Mehdi M. Cherkaoui State Bar No. 1200 Smith Street, Suite 1600 Houston, Texas 77002 (281) 946-9466 (877) 282-7874 (Facsimile) mehdi@cherkaouilawfirm.com

2 Certificate of Conference

As required by Tex. R. App. P. 10.l(a)(5), I certify that I conferred with Mehdi M. Cherkaoui, counsel for appellees, and he stated that appellees agree with this motion.

Ada I. Ferrer

3 Certificate of Service

I hereby certify that a true and correct copy of the foregoing motion has been served on the following counsel of record by the manner indicated in accordance with Tex. R. App. P. 9.5(e), on August 26, 2015.

BY ELECTRONIC SERVICE Mehdi Cherkaoui, JD Cherkaoui & Associates, PLLC 1200 Smith Street, Suite 1600 Houston, Texas 77002