Court of Civil Appeals of Texas, 2015

Estrella Montoya v. Charles R. Holly, Jr.

Estrella Montoya v. Charles R. Holly, Jr.
Court of Civil Appeals of Texas · Decided January 30, 2015

Estrella Montoya v. Charles R. Holly, Jr.

Opinion

ACCEPTED 03-14-00601-CV 3967341 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/30/2015 2:14:38 PM JEFFREY D. KYLE CLERK

CAUSE NO. 03-14-00601-CV FILED IN 3rd COURT OF APPEALS ESTRELLA MONTOYA § IN THE COURT OF APPEALS AUSTIN, TEXAS § 1/30/2015 2:14:38 PM v. § THIRD DISTRICT OF TEXAS JEFFREY D. KYLE § Clerk CHARLES R. HOLLY, JR.- § § §

JOINT STATUS REPORT COME NOW, Plaintiff, Estrella Montoya, by and through her attomey of record; and Charles R. Holly, Jr., by and through his attorney of record; and files the following Joint Status Report as requested by the Court on January 22,2015.

1. A notice of appeal was filed on December 12, 2014 by Pia inti fC 2. Following this date, the paLties reached a settlement agreement which resolved all claims brought by Plaintiff against Defendant.

3. On December 8, 2014, Defendant forwarded to Plainti ff the settlement funds, settlement release and dismissal document (Notice of Non-Suit).

4. Plaintiff received stated documents on December 11, 2014.

5. Plaintiff fully executed the Settlement Agreement on January 16, 2015 and ret11rned the same to Defendant.

6. Plaintiffs counsel fully executed the Notice of Non-Suit and renm)ed the same to Defendant for filing on January I 6, 20 I5.

7. Plaintiffs Notice of Non-Suit of all claims against Defendant was filed and accepted by the h1al court on January 19, 20 I 5. The pa1iies attach a copy of the same hereto as Exhibit "A" for the Court's reference.

8. Therefore, as all issues amongst and between the parties have been fully resolved, Plaintiff by and through counsel here does stale that no need for appeal is current and counsel for Plaintiff wishes to remove this cause from the Honorable Third District Appeals Comt docket.

9. Finally, counsel for Defendant wishes to notify this Cout1 that attorney Nancy Carlson is no longer with the office that represents Defendant. As the case was resolved and closed with the trial court, Defendant diq not file a designation of lead counseL Therefore please accept this as confirmation of the new attorney (within the same office) to represent Defendant. Also, the address for the law office has changed and notification of new addresses were provided at the trial court level. The updated address and email information is contained within the below signature line for counsel for Defendant.

I • WHEREFORE, PREMISES CONSIDERED, the pm1ies do hereby respectfully request that this Comi take notice of its Joint Status Report, and remove/dismiss this matter from the Honorable Third District Appeals Court docket. The parties make themselves available as necessary for any additional infonnation the Comt requests or requires to finalize this matter.

Respectfully submitted:

~:W OF~ICE Oll?/LE Scott P. Ogle f State BarNo.: 00797170 2028 West Ben White Blvd. Austin, Texas 78704 Telephone: (512) 442-8833 Facsimile: (512) 442-3256 Email: [email protected] ATTORNEY FOR PLAINTIFF, ESTRELLA i'ifONTOYA LAW OFFICE OF JUNELLA REESE

By: ~~~~~~~~=~~~= ,=------ unella G. Reese State Bar No. 24045015 One Technology Center, 74 n John Smith Drive, Suite 906 San Antonio, TX 78229 Telephone: (21 0) 610-3 930 Telecopier: (21 0) 610-3959 Email: [email protected] E-Service Email: [email protected] ATTORNEY FOR DEFENDANT, CHARLES HOLLEY

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