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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 345th Judicial District 

of Travis County, Texas, Cause No. D-1-GN-15-001090 

_______________________________

PLAINTIFF- APPELLANT’S 

UNOPPOSED 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/4/2015 3:46:39 PM JEFFREY D. KYLE Clerk
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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 

345th District 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 at 
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least one of the claims previously dismissed for lack of jurisdiction. As a result, the 

July 17, 2015 order is interlocutory. 

Due to the 345th District Court agreeing to a new trial on part of HCK’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 Antonio, Texas 78232

Telephone: (210) 257-6357

Facsimile: (210) 569-6494 

ryan.henry@rshlawfirm.com

__________________________

Ryan S. Henry

State Bar No. 24007347

ATTORNEY FOR APPELLEE
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CERTIFICATE OF CONFERENCE

I certify that I have conferred with Erika Laremont, attorney for DefendantAppellee, via email, and she is unopposed to Plaintiff- Appellant’s motion to dismiss 

this appeal without prejudice.

BY: ________________________

RYAN S. HENRY
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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 Email: 

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