ACCEPTED

03-14-00108-CV

4867510

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/13/2015 3:37:59 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00108-CV 

IN THE THIRD COURT OF APPEALS OF TEXAS 

JANOS FARKAS, 

Appellant 

v. 

SECOND CONGRESS, LTD 

Appellee 

APPEAL FROM THE 261 51 DISTRICT COURT 

TRAVIS COUNTY, TEXAS 

TRIAL COURT CAUSE NO. D-1-GN-10-003632 

AGREEMENT TO DISMISS 

Pursuant to TEX. R. APP. P. 42.1(a)(2) and 18.1(c), Appellant Janos Farkas 

and Appellee Second Congress, Ltd. (collectively "Parties", individually "Party") 

respectfully state: 

1. Appellant appealed a judgment entered in Cause No. D-1-GN-1 0-003632, in 

the 261 st District Court, Travis County, Texas on August 11, 2011 

("underlying case"). The appeal was assigned Cause No. 03-11-00807-CV. 

2. The present appeal is from post-judgment proceedings (April3, 2013 Order as 

amended December 6, 2013 and December 9, 2013) concerning Cause No. 

D-1-GN-1 0-003632. 

AGREEMENT TO DISMISS 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 3:37:59 PM JEFFREY D. KYLE Clerk
3. Appellant timely appealed the April 3, 2013 Order which was assigned 

Cause No. 03-13-00379-CV. 

4. This appellate Court issued a memorandum opinion on April 25, 2014 for 

Cause No. 03-11-00807-CV. The memorandum opinion also dealt with 

appeals of post-judgment proceedings of the underlying case including Cause 

Nos. 03-13-00379-CV and 03-13-00388-CV. 

5. The memorandum opinion affinned the trial court with respect to the 

underlying case. The memorandum opinion dismissed Appellant's appeal of 

the April 3, 2013 Order in view of the December 6, 2013 and December 9, 

2013 orders. 

6. Prior to the Court's memorandum opinion, Appellant had also timely appealed 

the December 6, 2013 and December 9, 2013 orders. The appeal was 

assigned Cause No. 03-14-00108-CV (i.e., the present proceeding). 

7. Appellant filed a motion for rehearing concerning the underlying case Cause 

No. 03-11-00807 on July 11,2014. No decision has been rendered by the 

Court on Appellant's motion for rehearing for the underlying case. 

8. No decision has been rendered by the Court in the present appeal of postjudgment proceedings concerning the underlying case. 

9. The Parties have since entered into a settlement agreement concerning the 

underlying case and related proceedings and seek to dismiss the cause. 

AGREEMENT TO DISMISS 2 
10. The Parties request that costs be assessed against the Party that incurred them. 

11. The Parties do not request that the mandate issue early. 

For these reasons and by agreement of the Parties as evidenced by the 

signatures of their counsel below, the Parties request the Court grant an Order 

dismissing the cause and taxing the costs of appeal against the party incurring 

them. 1 

Robert L. Kaminski 

SBN: 00784367 

SA VRICK SCHUMANN JOHNSON 

MCGARR KAMINSKI & SHIRLEY, LLP 

The Overlook at Gaines Ranch 

4330 Gaines Ranch Loop, Suite 150 

Austin, Texas 78735 

(512) 347-1604 (TEL) 

(512) 347-1676 (FAX) 

bob@ssjmlaw.com 

Attorney for Appellee Second 

Congress, Ltd. 

Respectfully submitted, 

William D. Davis 

SBN: 00796444 

DAVIS & ASSOCIATES 

P.O. Box 1093 

Dripping Springs, TX 78620 

(512) 858-9910 (TEL) 

(512) 858-2357 (FAX) 

bdavis@capita1-ip.com 

Attorney for Appellant Janos Farkas 

1 Dismissal of related cause 03-11-00807 -CV is being sought by separate pleading/motion. 

AGREEMENT TO DISMISS 3 
AGREEMENT TO DISMISS 4

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served in 

accordance with Tex. R. App. P. 9.5 and Local Rule 4 in the manner indicated 

below on April 13, 2015:

Attorney for Appellee

Robert L. Kaminski (via e-serve)

SAVRICK SCHUMANN JOHNSON MCGARR KAMINSKI & SHIRLEY, LLP

The Overlook at Gaines Ranch

4330 Gaines Ranch Loop, Suite 150

Austin, Texas 78735

Receiver

Thomas L. Kolker (via e-serve)

GREENSTEIN & KOLKER

1006 E. Cesar Chavez St.

Austin, Texas 78702

William D. Davis