No.: 12-15-00113-CV

In The

Court of Appeals

TWELFTH DISTRICT OF TEXAS

Tyler, Texas

__________________________________________________________________

JASON ROWELL

Appellant,

v.

FIRETROL PROTECTION SYSTEMS

Appellee.

__________________________________________________________________

Appealed from 114th Judicial District Court of

Smith County, Texas, the Honorable Christi Kennedy, Presiding

__________________________________________________________________

JOINT MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE OR 

IN THE ALTERNATIVE MOTION TO WITHDRAW MOTION TO 

RECONSIDER

__________________________________________________________________

 Niles Illich

SBOT: 24069969

 Law Office of Niles Illich, Ph.D., J.D.

 701 Commerce Street, Suite 400

 Dallas, Texas 75202

 Telephone: (972) 802 − 1788

 Facsimile: (972) 682 – 7586

Email: Niles@appealstx.com 

 ATTORNEY FOR APPELLANT

 JASON ROWELL

ACCEPTED

12-15-00113-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/3/2015 12:09:23 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/3/2015 12:09:23 PM CATHY S. LUSK Clerk
ii

__________________________________________________________________

IDENTITY OF THE PARTIES AND COUNSEL

__________________________________________________________________

Trial Judge: The Hon. Christi Kennedy

Appellant: Jason Rowell

Appellant’s Appellate Counsel: Niles Illich

Law Office of Niles Illich, Ph.D., J.D.

701 Commerce Street

Suite 400

Dallas, Texas 75202

Appellant’s Trial Counsel: Pro-se

Appellee: Firetrol Protection Systems

Appellee’s Trial/Appellate Counsel: Roger W. Anderson

Gillen and Anderson

613 Shelley Park Plz

Tyler, TX
3

__________________________________________________________________

Joint Motion for Voluntary Dismissal with Prejudice

__________________________________________________________________

The parties, Jason Rowell and Firetrol Protection Systems ask this Court to 

dismiss this appeal with prejudice or in the alternative to withdraw the pending

motion to reconsider.

Introduction

1. Jason Rowell (“Rowell”) is the Appellant and Firetrol Protection Systems 

(“Firetrol”) is the Appellee. 

2. The 114th Judicial District Court of Smith County resolved the underlying

case by dismissing it under the anti-SLAPP statute.

3. Appellant filed a notice of appeal on April 30, 2015. 

4. Appellant filed a motion for new trial on April 29, 2015. This motion is 

pending before the trial court. The parties have agreed to an order that would grant 

the motion for new trial and then dismiss the case in the trial court. 

Argument and Authorities

5. There is no specified deadline to file a motion for voluntary dismissal.1

6. Rule 42.1(a)(1) permits an Appellant to file a motion requesting voluntary 

dismissal and an appellate court to “dismiss the appeal or affirm the appealed 

 1 TEX. R. APP. P. 42.1.
4

judgment or order unless such disposition would prevent a party from seeking 

relief to which it would otherwise be entitled.”2

7. An appellant is not required to explain his motivation for requesting the 

voluntary dismissal nor is he required to sign the motion.3 But here both parties 

seek a final dismissal because they have resolved the issues between them. 

Motion to Withdraw Motion to Reconsider

8. This Court dismissed this case on June 3, 2015. On June 5, 2015, Appellant 

filed a motion to reconsider. This Motion has not yet been ruled on. In the 

alternative to dismissing this case for a second time, Appellant moves to withdraw 

his motion to reconsider and to permit this Court’s opinion of June 3, 2015 to be 

the final resolution of this appeal. 

Conclusion and Prayer

9. Prayer

Appellant and Appellee have resolved the issues between them and seek to 

end this appeal. Appellant asks this Court to dismiss the appeal with prejudice or 

in the alternative to withdraw Appellant’s motion to reconsider and to permit the 

Court’s opinion from June 3, 2015 to be the final resolution of this appeal.

 2 Id. at 42.1(a)(1).

3 See generally id. (not requiring a party to show cause for seeking dismissal and signature 

requirement relates only to criminal appeals).
5

Respectfully submitted,

/s/ Niles Illich

Niles Illich

The Law Office of Niles Illich, Ph.D., J.D.

701 Commerce

Suite 400

Dallas, Texas 75202

Direct: (972) 802-1788

Facsimile: (972) 236-0088

Email: Niles@appealstx.com

CERTIFICATE OF CONFERENCE

This is to certify that on July 1, 2015 that Roger Anderson, counsel for 

Firetrol, agreed to the motion to dismiss.

/s/ Niles Illich

Niles Illich

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion was 

served on:

Roger W. Anderson

Gillen and Anderson

613 Shelley Park Plz

Tyler, Texas

By electronic service before 5:00 PM on July 3, 2015.

/s/ Niles Illich

Niles Illich
6

CERTIFICATE OF COMPLIANCE

This is to certify that this motion complies with the length and style 

requirements in Rule 9.4 of the Texas Rules of Appellate Procedure. The motion is 

presented in Times New Roman font, size 14. The motion contains 684 words. 

/s/ Niles Illich

Niles Illich