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 fr om 11 4th Judicial District Court of

Smith County, T ex as, 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

CLERKii ______________________ ________________________ ____________________

IDENTITY OF THE PARTIES AND COUNSEL

______________________________________________ ____________________

Trial Judge: T he 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, TX3 ______________________________________________ ____________________

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 p e n d i n g

motion to reconsider.

Introduction

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

(“Firetrol”) is the Appellee.

2. T he 114th Judicial District Court of Smith County r e s o l v e d t h e u n d e r l y i n g

c a s e b y d i s m i s s i n g i t u n d e r t h e a n t i

- S L A P P s t a t u t e

.

3. Appellant filed a notice of appea l 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 appeal ed

1 T EX

. R. A PP

. 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 h e r e b o t h 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. T his 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.

Conclu sion 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 i d

. (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 d ismiss

.

/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

Gi llen and Anderson

613 Shelley Park Plz

Tyler, Texas

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

/s/ Niles Illich

Niles Illich6 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 o f Appellate Procedure. Th e motion is

presented in Times N ew Roman font, siz e 14. The motion contains 684 words.

/s/ Niles Illich

Niles Illich