Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc. ( 2015 )

ACCEPTED
03-15-00423-CV
8068313
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/3/2015 10:36:21 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
NO. 03-15-00423-CV AUSTIN, TEXAS
12/3/2015 10:36:21 AM
STAR OPERATIONS, INC. JEFFREY D. KYLE
Clerk
AND
GREAT AMERICAN INSURANCE COMPANY OF NEW YORK
Appellants
vs.
DIG TECH, INC.
Appellee
Appealed from the 22nd Judicial District Court
Caldwell County, Texas
UNOPPOSED MOTION TO DISMISS CROSS-APPEAL
TO THE HONORABLE JUSTICES OF THE SAID COURT:
COMES NOW Appellee/Cross-Appellant Dig Tech, Inc. ("Dig Tech") and
files this Unopposed Motion to Dismiss Cross-Appeal and as grounds therefore
would show this Court the following:
1. On July 13, 2015, Dig Tech filed a notice of appeal regarding the
single issue of the trial court's denial of prejudgment interest in the amount of 18%
per annum under Texas Property Code§ 28.003.
2. Dig Tech wishes to dismiss the cross-appeal on this single issue. No
briefing has been filed by either party on this issue. All appellate costs related to
this single cross-appeal issue should be borne by the party incurring them.
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3. Counsel for Dig Tech (Mr. Langham) conferred with counsel for
Appellants/Cross-Appellees (Mr. Robichaux) on November 23, 2015 and
December 3, 2015, and Appellants/Cross-Appellees are unopposed to the relief
sought in this motion.
WHEREFORE, PREMISES CONSIDERED, Dig Tech requests that the
Court exercise its discretion to dismiss the instant cross-appeal and for such other
and further relief to which Dig Tech may show itself justly entitled.
Respectfully submitted,
By: /s/ Chanler A. Langham
Brian D. Melton
Texas State Bar No. 24010620
bmelton@susmangodfrey.com
Chanler A. Langham
Texas State Bar No. 24053314
clangham@susmangodfrey.com
1000 Louisiana Street Suite 5100
Houston, TX 77002-5096
Telephone: (713) 651-9366
ATTORNEYS FOR APPELLEE AND
CROSS-APPELLANT DIG TECH, INC.
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CERTIFICATE OF CONFERENCE
I certify that on November 23, 2015 and December 3, 2015, Counsel for Dig
Tech (Mr. Langham) conferred via email with counsel for Appellants/Cross-
Appellees (Mr. Robichaux), and Appellants/Cross-Appellees are unopposed to the
relief sought in this motion.
Isl Chanler A. Langham
Chanler A. Langham
CERTIFICATE OF SERVICE
I hereby certify that the foregoing has been forwarded to counsel of record in
accordance with the applicable Tex. R. Civ. P. as listed below on this the 3rd day
of December, 2015.
Jam es H. Robichaux
Clinton W. Twaddell, III
BRANSCOMBIPC
802 N. Carancahua, Suite 1900
Corpus Christi, TX 78401-0036
Telephone: 361/886-3800
Telecopier: 361/886-3805
ATTORNEYS FOR APPELLANTS AND CROSS-APPELLEES
STAR OPERATIONS, INC. AND GREAT AMERICAN INSURANCE
COMP ANY OF NEW YORK
Isl Chanler A. Langham
Chanler A. Langham
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VERIFICATION
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
CHANLER A. LANGHAM, who being by me first duly sworn upon his oath
deposed and stated the following:
"My name is CHANLER A. LANGHAM. I am the attorney of record in the
trial court below for the Appellants and am the lead counsel on appeal for
Appellee/Cross-Appellant Dig Tech, Inc. I have read the foregoing Unopposed
Motion to Dismiss Cross-Appeal and state that the statements contained m
paragraphs 1-3 are within my personal knowledge and true and correct."
SWORN AND SUBSCRIBED TO BEFORE ME, which witness my hand
and seal of office, by the said CHANLER A. LANGHAM on the 3rd day of
December, 2015.
(SEAL)
Not ry Public, State of TEXAS
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