On December 15, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Ec Tyler Housing Partners, Ltd.,
and
Graham, Terry,
Graham, Trey,
Terry Graham Interests, Ltd,
Winn, Todd Charles,
for Real Property - Other
in the District Court of Smith County.
Preview
Electronically Filed
PM
5/7/2019 4:38
Penny Clarkston, Smith County Clerk
District
Reviewed By: Terry Morrow
CAUSE NO. 16-2512-B
EC TYLER HOUSING PARTNERS, LTD., IN THE DISTRICT COURT
Plaintiff,
V.
TERRY GRAHAM, TREY GRAHAM, AND
TERRY GRAHAM INTERESTS, LTD., mmmmmmmmmwmwm
114th JUDICIAL DISTRICT
Defendants/Third-Party Plaintiff,
V.
TODD WINN, Individually and d/b/a TODD
WINN CONSTRUCTION, SMITH COUNTY, TEXAS
Third-Party Defendant.
AGREED MOTION TO DISMISS WITH PREJUDICE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Third-Party Plaintiff Terry Graham Interests, Ltd. and Third-Party
Defendant Todd Winn, individually and d/b/a Todd Winn Construction (collectively, “Parties”),
and file this Agreed Motion to Dismiss with Prejudice, and show:
A11 matters in controversy and allclaims by and between the Parties hereto relating to the
subject matter of this lawsuit have been settled. Third-Party Plaintiff Terry Graham Interests,
Ltd. has agreed t0 dismiss all claims against Third—Party Defendant Todd Winn, individually and
d/b/a Todd Winn Construction With prejudice to the re-filing of same.
WHEREFORE, the Parties request that the Court enter an Order stating that all causes of
action and claims asserted by the Parties in the above-styled and referenced matter be dismissed
With prejudice t0 the right to re-file the same 0r any part thereof. The Parties further request that
the Court enter an order reflecting the above, and that the Parties each bear their own costs 0f
Court, expert fees, costs 0f litigation and attorney’s fees, and for all other relief t0 which they
may be entitled.
Agreed Motion t0 Dismiss With Prejudice — Page I
Respectfully submitted,
STARR SCHOENBRUN & COMTE PLLC MACDONALD DEVIN, P.C.
110 North College Avenue, Suite 1700
Tyler, Texas 75702 By: s/ Jason M. Jung
903-534-0200 Clayton E. Devin
903-534-0511 Fax State Bar N0. 05787700
CDeVin@MacdonaldDevin.com
Jason M. Jung
_/Steven W. Comte/ State Bar N0. 24063967
KEITH W. STARR JJun MacdonaldDevin.com
State Bar No. 19076650
keith sscfirm.com 3800 Renaissance Tower
STEVEN W. COMTE 1201 Elm Street
State Bar No. 240407 1 5 Dallas, Texas 75270-2 1 30
steven@sscfirm£om Telephone: (214) 744-3300
ATTORNEYS FOR TERRY GRAHAM Facsimile: (214) 747-0942
INTERESTS, LTD., TERRY GRAHAM
AND TREY GRAHAM ATTORNEYS FOR THIRD-PARTY
DEFENDANT TODD WINN,
INDIVIDUALLY AND D/B/A TODD
WINN CONSTRUCTION
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0f the foregoing document has been
forwarded to all counsel of record in accordance with the TEXAS RULES 0F CIVIL PROCEDURE on
7““
this day ofMay, 201 9.
/S/Jas0n M Jung
Jason M. Jung
Agreed Motion t0 Dismiss With Prejudice — Page 2
Document Filed Date
May 07, 2019
Case Filing Date
December 15, 2016
Category
Real Property - Other
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Electronically Filed PM 5/7/2019 4:38 Penny Clarkston, Smith County Clerk District Reviewed By: Terry Morrow CAUSE NO. 16-2512-B EC TYLER HOUSING PARTNERS, LTD., IN THE DISTRICT COURT Plaintiff, V. TERRY GRAHAM, TREY GRAHAM, AND TERRY GRAHAM INTERESTS, LTD., mmmmmmmmmwmwm 114th JUDICIAL DISTRICT Defendants/Third-Party Plaintiff, V. TODD WINN, Individually and d/b/a TODD WINN CONSTRUCTION, SMITH COUNTY, TEXAS Third-Party Defendant. AGREED MOTION TO DISMISS WITH PREJUDICE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Third-Party Plaintiff Terry Graham Interests, Ltd. and Third-Party Defendant Todd Winn, individually and d/b/a Todd Winn Construction (collectively, “Parties”), and file this Agreed Motion to Dismiss with Prejudice, and show: A11 matters in controversy and allclaims by and between the Parties hereto relating to the subject matter of this lawsuit have been settled. Third-Party Plaintiff Terry Graham Interests, Ltd. has agreed t0 dismiss all claims against Third—Party Defendant Todd Winn, individually and d/b/a Todd Winn Construction With prejudice to the re-filing of same. WHEREFORE, the Parties request that the Court enter an Order stating that all causes of action and claims asserted by the Parties in the above-styled and referenced matter be dismissed With prejudice t0 the right to re-file the same 0r any part thereof. The Parties further request that the Court enter an order reflecting the above, and that the Parties each bear their own costs 0f Court, expert fees, costs 0f litigation and attorney’s fees, and for all other relief t0 which they may be entitled. Agreed Motion t0 Dismiss With Prejudice — Page I Respectfully submitted, STARR SCHOENBRUN & COMTE PLLC MACDONALD DEVIN, P.C. 110 North College Avenue, Suite 1700 Tyler, Texas 75702 By: s/ Jason M. Jung 903-534-0200 Clayton E. Devin 903-534-0511 Fax State Bar N0. 05787700 CDeVin@MacdonaldDevin.com Jason M. Jung _/Steven W. Comte/ State Bar N0. 24063967 KEITH W. STARR JJun MacdonaldDevin.com State Bar No. 19076650 keith sscfirm.com 3800 Renaissance Tower STEVEN W. COMTE 1201 Elm Street State Bar No. 240407 1 5 Dallas, Texas 75270-2 1 30 steven@sscfirm£om Telephone: (214) 744-3300 ATTORNEYS FOR TERRY GRAHAM Facsimile: (214) 747-0942 INTERESTS, LTD., TERRY GRAHAM AND TREY GRAHAM ATTORNEYS FOR THIRD-PARTY DEFENDANT TODD WINN, INDIVIDUALLY AND D/B/A TODD WINN CONSTRUCTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy 0f the foregoing document has been forwarded to all counsel of record in accordance with the TEXAS RULES 0F CIVIL PROCEDURE on 7““ this day ofMay, 201 9. /S/Jas0n M Jung Jason M. Jung Agreed Motion t0 Dismiss With Prejudice — Page 2