# Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC// East Ave Nue Property Owners' Association, Inc. and UP Austin Holdings, LP and UP Austin Land Holdings, LP v. UP Austin Holdings, LP UP Austin Land Holdings, LP And East Avenue Property Owners' Association, Inc.// Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC > Texas Court of Appeals, 3rd District (Austin) · January 28, 2015 URL: https://www.frixlaw.com/law-library/cases/4044241 ## Case - **Court:** Texas Court of Appeals, 3rd District (Austin) - **Decided:** January 28, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4044241 ## Opinion text ACCEPTED 03-13-00080-CV 3928209 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 11:08:27 AM JEFFREY D. KYLE CLERK NO. 03-13-00080-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT 1/28/2015 11:08:27 AM OF TEXAS AT AUSTIN JEFFREY D. KYLE Clerk APPELLANTS CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC // CROSS-APPELLANTS EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC., UP AUSTIN HOLDINGS, LP and UP AUSTIN LAND HOLDINGS, LP v. APPELLEES UP AUSTIN HOLDINGS, LP, UP AUSTIN LAND HOLDINGS, LP, and EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC. // CROSS-APPELLEES CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC Appeal from the 53rd Judicial District Court of Travis County, Texas Honorable Scott Jenkins, Presiding Trial Court No. D-1-GN-11-003367 JOINT NOTICE OF SETTLEMENT AND AGREED MOTION TO ISSUE THE MANDATE TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 42.1 and 18.1(c), Appellees/Cross-Appellants UP Austin Holdings, LP and UP Austin Land Holdings, LP, Appellee/Cross-Appellant East Avenue Property Owners’ Association, Inc., and Appellants/Cross-Appellees Central Austin Apartments, LLC, UP-32nd Street, LLC, and UP-32nd Street Hospitality, LLC file this Joint Notice of Settlement and Agreed Motion to Issue the Mandate. All of the parties to the lawsuit have reached a settlement agreement that encompasses all of the issues, which pursuant to the Court’s December 8, 2014 opinion, were to be remanded to the trial court. Accordingly, (1) none of the parties will be filing a motion for rehearing with this Court or a petition for review with the Supreme Court of Texas, and (2) the parties respectfully request that this Court promptly issue its mandate remanding the case to the trial court so that the trial court may dismiss the action with prejudice in light of the parties’ settlement agreement. Each party agrees to bear its own appellate costs. PRAYER In light of the parties’ settlement agreement, the parties respectfully pray that this Court promptly issue its mandate remanding the case to the trial court so that the trial court may dismiss this action with prejudice, and for such other and further relief as may be appropriate. JOINT NOTICE OF SETTLEMENT AND AGREED MOTION TO ISSUE THE MANDATE – PAGE 2 2 Respectfully submitted, /s/ Thomas S. Leatherbury /s/ Jeffrey J. Hobbs Thomas S. Leatherbury Jane M. N. Webre State Bar No. 12095275 State Bar No. 21050060 Matthew R. Stammel Sara W. Clark State Bar No. 24010419 State Bar No. 00794847 Scott, Douglass & McConnico, L.L.P. VINSON & ELKINS LLP 600 Congress Avenue, Suite 1500 2001 Ross Avenue, Suite 3700 Austin, Texas 78701 Dallas, Texas 75201-2975 E-mail: jwebre@scottdoug.com 214.220.7700 E-mail: sclark@scottdoug.com 214.999.7705 (facsimile) tleatherbury@velaw.com Jeffrey J. Hobbs mstammel@velaw.com State Bar No. 24012837 J. Bruce Scrafford Attorneys for Appellees/Cross- State Bar No. 17931100 Appellants UP Austin Holdings, LP Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 and UP Austin Land Holdings, LP Austin, Texas 78701 E-mail: jhobbs@abaustin.com /s/ Neal Meinzer E-mail: bscrafford@abaustin.com Eric J. Taube Attorneys for Appellant/Cross-Appellee State Bar No. 19679350 East Avenue Property Owners’ Neal Meinzer Association, Inc. State Bar No. 00797065 Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, 18th Floor Austin, Texas 78701 E-mail: erict@hts-law.com E-mail: nealm@hts-law.com Attorneys for Appellants/Cross-Appellees Central Austin Apartments, L.L.C., UP-32nd Street, L.L.C., and UP-32nd Street Hospitality, L.L.C. JOINT NOTICE OF SETTLEMENT AND AGREED MOTION TO ISSUE THE MANDATE – PAGE 3 3 CERTIFICATE OF SERVICE The undersigned certifies that on the 28th day of January 2015, the foregoing Joint Notice of Settlement and Agreed Motion to Issue the Mandate was served on the following attorneys in accordance with the requirements of the Texas Rules of Appellate Procedure via electronic filing or email. Jeffrey J. Hobbs Eric J. Taube J. Bruce Scrafford Neal Meinzer Armbrust & Brown, PLLC Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, Suite 1300 100 Congress Avenue, 18th Floor Austin, Texas 78701 Austin, Texas 78701 E-mail: jhobbs@abaustin.com E-mail: erict@hts-law.com E-mail: bscrafford@abaustin.com E-mail: nealm@hts-law.com Jane M. N. Webre Attorneys for Sara W. Clark Appellants/Cross-Appellees Scott, Douglass & McConnico, L.L.P. Central Austin Apartments, L.L.C., 600 Congress Avenue, Suite 1500 UP-32nd Street, L.L.C., and Austin, Texas 78701 UP-32nd Street Hospitality, L.L.C. E-mail: jwebre@scottdoug.com E-mail: sclark@scottdoug.com Attorneys for Appellant/Cross-Appellee East Avenue Property Owners’ Association, Inc. /s/ Thomas S. Leatherbury Thomas S. Leatherbury JOINT NOTICE OF SETTLEMENT AND AGREED MOTION TO ISSUE THE MANDATE – PAGE 4 4 US 3252735 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4044241. Public record. Not legal advice.