03-15-00554-CV 

IN THE COURT OF APPEALS 

THIRD DISTRICT OF AUSTIN 

AUSTIN TELE-SERVICES LLC DBA AUSTIN TELE-SERVICES LP AKA ATS, 

Appellant, 

v. 

FUTURENET GMBH, 

Appellee. 

Restricted Appeal from Cause No. C-1-CV-15-003365, Futurenet GMBH v. 

Austin Tele-Services LLC dba Austin Tele-Services LP aka ATS, in the County 

Court at Law No. 1 of Travis, County, Texas 

APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL 

Jillian J. Keith 

State Bar No. 24013671 

Sara E. Inman 

State Bar No. 24073098 

Lawrence A. Waks 

State Bar No. 20670700 

Wilson, Elser, Moskowitz, 

Edelman & Dicker LLP 

901 Main Street, Suite 4800 

Dallas, Texas 75202 

(214) 698-8000 

(214) 698-1101 Facsimile September 10, 2015 

Appellant's Unopposed Motion to Dismiss Appeal Page 1 of 4 

2096156v.1 

ACCEPTED

03-15-00554-CV

6864486

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/10/2015 11:56:11 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 11:56:11 AM JEFFREY D. KYLE Clerk
APPELLANT'S UNOPPOSED MOTION TO DISMISS APPEAL 

1. Appellant filed notice of its restricted appeal on August 28, 2015. On August 

31, 2015, Appellant and Appellee entered into a compromise agreement 

regarding matters related to Appellee's claims and causes of action against 

Appellant. As part of that compromise agreement, Appellant and Appellee 

agreed to file a Joint Motion to Vacate Default Judgment and Writ of 

Execution with the trial court. 

2. The Joint Motion to Vacate and Agreed Order Granting the Motion to 

Vacate Default Judgment and Writ of Execution were filed with the trial 

court on September 1, 2015. The trial court judge signed the order on 

September 8, 2015. A copy of the order is attached hereto as Exhibit A. 

3. Pursuant to Texas Rule of Appellate Procedure 42.1, Appellant must file a 

motion with the Court for dismissal. Under Rule 42.1(a)(1) "[i]n accordance 

with a motion of appellant, the court may dismiss the appeal.....unless such 

disposition would prevent a party from seeking relief to which it would 

otherwise be entitled." 

4. Appellant seeks an order from this Court dismissing Appellant's appeal. 

5. Dismissal of the appeal would not prevent a party from seeking relief to 

which it would otherwise be entitled. Appellant and Appellee agree that 

dismissal of the appeal is in the interest of both parties. 

Appellant's Unopposed Motion to Dismiss Appeal Page 2 of 4 

2096156v.1 
6. Because dismissal of the appeal would not prevent either party from seeking 

relief to which they would be otherwise entitled, the Court should grant the 

relief sought by this Motion to Dismiss Appeal. 

7. Appellant and Appellee agree that each party shall bear its own costs. 

8. Appellant and Appellee agree that the mandate should be issued early. 

Respectfully submitted, 

Wilson, Elser, Moskowitz, 

Edelman Dicker LLP 

By: 

Lawren A. Waks 

State Bar No. 20670700 

lawrence.waks@wilsonelser.com 

Jillian Keith 

State Bar No. 24013671 

jillian.Keith@wilsonelser.corn 

Sara E. Inman 

State Bar No 24073098 

sara.inman@wilsonelser.corn 

901 Main Street, Suite 4800 

Dallas, Texas 75202 

(214) 698-8000 

(214) 698-1101 Facsimile 

Attorneys For Appellant 

Appellant's Unopposed Motion to Dismiss Appeal Page 3 of 4 

2096156v.1 
Sar . Inman 

CERTIFICATE OF SERVICE 

I certify that a true and correct copy of the foregoing instrument has been 

forwarded to Appelle's counsel of record via the Texas Rules of Civil Procedure 

on this the 10th day of September, 2015. 

VIA FAX(512-264-3782) 

Michael G. Null 

State Bar No. 15134300 

20209 W. HWY 71 

Spicewood, TX 78669 

(512) 264-1156 

CERTIFICATE OF CONFERENCE 

The undersigned hereby certifies that she conferred with counsel for 

Appellee, Michael Null, on September 9, 2015 via phone. Counsel for Appellee 

supports the filing of this motion. 

Appellant's Unopposed Motion to Dismiss Appeal Page 4 of 4 

2096156v.1 
CAUSE NO, C-1-CV-15-003365 

FUTURENET GMBH, 

Plaintiff, 

vs„ 

AUSTIN TELE-SERVICES LLC dba 

AUSTIN TELE-SERVICES LP aka ATS, 

Defendant, 

IN THE COUNTY COURT OF 

AT LAWN°. 1 OF 

TRAVIS COUNTY, TEXAS 

ORDER GRANTING JOINT MOTION TO VACATE DEFAULT JUDGMENT AND, 

WRIT OF EXECUTION 

On this day came to be heard Plaintiff Futurenet GMBH and Defendant Austin TeleServices I,LC dba Austin Tele•Services LP aka ATS's Joint Motion to Vacate Default Judgment 

and Writ of Execution, The Court, after considering all matters of record is of the opinion that 

the motion is meritorious and should be GRANTED. 

It is therefore ORDERED that the Default Judgment against Defendant Austin TeleServices LLC dba Austin Tele-Services LP aka ATS signed and entered of record on June 24, 

2015, as well as the Writ of Execution, signed and issued on July 30, 2015, by this Court, is 

hereby VACATED. 

SIGNED:on. 

Approved as toform: 

LAW WALKS 

2091092v,1 

o 6- 
AN 

MICHAEL G. NULL 

State Bar No, 15134300 

irmall&ait4spring,eorn 

20209 W HWY 71 

Spicewood, TX 78669 

(512) 264-1156 

(512) 2643782 Facsimile 

State Bar No 20670700 

lawrence.waks@wilsonelser.coM 

JILLIAN KEITH 

State Bar No, 24013671 

jillign,Kcitit(Wilaonelser,com 

SARA E. INMAN 

State Bar No 24073098 

lara.itLrnala.,‘Yilsotielser,00m, 

901 Main Street, Suite 4800 

Dallas, Texas 75202 

(214) 698-8000 

(214) 6981101 Facsimile 

ATTORNEYS FOR DEFXINDA T 

ATTORNEY FOR PLAINTIFF 

2091092v.1