1 Case No. 03

- 15 -00441- CV

__________________________________________________________________

COURT OF APPEALS

FOR THE THIRD DISTRICT

_____________________________________

YOUTH EMPOWERMENT SERVICES, INC. D/B/A HIGGS CARTER KING GIFTED

AND TALENTED CHARTER ACADEMY

Plaintiff- Appellant

V.

TEXAS EDUCATION AGENCY and MICHAEL WILLIAMS, IN HIS OFFICIAL

CAPACITY AS THE COMMISSIONER OF EDUCATION

Defendant- Appellee

On Appeal from the 345 th Judicial District

of Travis County, Texas

, Cause No. D-1- GN

- 15 -001090

_______________________________

PLAINTIFF- APPELLANT ’S

UNO PPOSED MOTION TO DISMISS APPEAL WITHOUT PREJUDICE

_________________________________________________________

THE LAW OFFICES OF RYAN HENRY, PLLC

1380 Pantheon Way, Ste. 215

San Antonio, Texas 78232

Telephone: (210) 257-6357

Facsimile: (210) 569-6494

ryan.henry@rshlawfirm.com

__________________________ Ryan Henry

State Bar No. 24007347

September 4, 2015 Counsel for Plaintiff-Appellant ACCEPTED

03-15-00441-CV

6809782

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/4/2015 3:46:39 PM

JEFFREY D. KYLE

CLERK2 NO. 03

- 15

- 00441

- CV

YOUTH EMPOWERMENT § IN THE 3 RD COURT OF APPEALS

SERVICES, INC. d/b/a HIGGS §

CARTER KING GIFTED & §

TALENTED CHARTER §

ACADEMY §

Appellant §

§

V. §

§

TEXAS EDUCATION AGENCY §

& MICHAEL WILLIAMS, in his §

Official Capacity as the §

Commissioner of Education §

Appellee § TRAVIS COUNTY, TEXAS

APPELLANT ’S UNOPPOSED MOTION TO DISMISS APPEAL

WITHOUT PREJUDICE

TO THE HONORABLE JUDGE OF SAID COURT:

Appellant

, YOUTH EMPOWERMENT SERVICES, INC. d/b/a HIGGS

CARTER KING GIFTED & TALENTED CHARTER ACADEMY (hereinafter

“ HCK ”), files this its Motion to Dismiss Appeal Without Prejudice and shows the

Court as follows :

The Appellant HCK filed this appeal on July 17, 2015 due to the judge in the

345 th Dist rict Court of Travis County granting Defendant

- Appellee’s Plea to the

Jurisdiction in its entirety

. However, after certain events occurred and while the trial

court maintained plenary power, the court granted the Plaintiff a new trial as to at3

least one of the claims previously dismissed for lack of jurisdiction. As a result, the

July 17, 2015 order is interlocutory

.

Due to the 345 th District Court agreeing to a new trial o n part of HC K ’s claims,

HCK moves to dismiss this appeal, without prejudice, so the new trial can move

forward on the central docket. HCK reserves the right to appeal the dismissal of the

remaining claims once a final order is issued in this case.

Wherefore Premise Considered, the Appellant moves this court dismiss,

without prejudice, this appeal and for such further relief as it may show itself justly

entitled.

SIGNED this 4 th day of September , 2015

.

Respectfully submitted,

THE LAW OFFICES OF RYAN HENRY, PLLC

1380 Pantheon Way, Ste. 215

San A ntonio, Texas 78232

Te lephone: (210) 257

- 6357

Facsimile: (210) 569

- 6494

ryan.henry@rshlawfirm.com

__________________________ Ryan S. Henry

State Bar No. 24007347

ATTORNEY FOR APPELLEE4 CERTIFICATE OF CONFERENCE

I certify that I have conferred with Erika Laremont

, attorney for Defendant

Appellee

, via email , and she is un opposed to Plaintiff

- Appellant ’s motion to dismiss

this appeal without prejudice.

BY:

________________________ RYAN S. HENRY5 CERTIFICATE OF SERVICE

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

in accordance with Texas Rules of Civil Procedure on this the 4 th day of September

, 2015 , as indicated below.

Erika Laremont Sent Via Ema il:

General Litigation Erika.Laremont@texasattorneygeneral.gov

PO Box 12548

Austin, Texas 78711

- 2548

Attorney for Defendants /Appellant’s

Texas Education Agency and

Michael Williams

_____________________________ RYAN S. HENRY