Chad Atherton v. Jarred Sper

30 June 4, 2025 No. 484 IN THE COURT OF APPEALS OF THE STATE OF OREGON Richard GRIFFITH and Reta Griffith, husband and wife, Plaintiffs-Appellants Cross-Respondents, v. PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Defendant-Respondent Cross-Appellant, and ALPINE ABATEMENT ASSOCIATES, INC., Defendant. Wallowa County Circuit Court 22CV10452; A181951 Wes Williams, Judge. On appellants’ petition for reconsideration filed March 28, 2025, and respondent’s response filed April 2, 2025. Opinion filed March 19, 2025. 339 Or App 40, 566 P3d 1235 (2025). Kelly Vance for petition. Thomas M. Christ and Sussman Shank LLP for response. Before Tookey, Presiding Judge, Kamins, Judge, and Jacquot, Judge. TOOKEY, P. J. Reconsideration allowed; former opinion modified and adhered to as modified. Cite as 341 Or App 30 (2025) 31 TOOKEY, P. J. Plaintiffs petition for reconsideration of our deci- sion in Griffith v. Property and Casualty Ins. Co. of Hartford, 339 Or App 40, 566 P3d 1235 (2025), asserting, among other reasons that we should reconsider our decision, that we “committed factual error in opining that all plaintiffs’ counsel did was file a complaint, which was contrary to the evidence.” Plaintiffs assert that “the trial court file shows far more activity than is depicted by the panel’s opinion.” We grant reconsideration, modify our previous opinion in two respects, and adhere to it as modified. First, in our opinion, we stated, “The complaint and Hartford’s answer were the only filings relating to Hartford in plaintiffs’ civil action. Shortly thereafter, plaintiffs and Hartford executed a ‘Release and Settlement Agreement,’ under which the parties settled plaintiffs’ insurance and breach of contract claims ‘and all related controversies.’ ” Id. at 42. We modify those sentences to read, “After Vance filed the civil action, plaintiffs and Hartford executed a ‘Release and Settlement Agreement,’ under which the parties settled plaintiffs’ insurance and breach of contract claims ‘and all related controversies.’ ” Second, in our opinion, we stated, “Prior to the par- ties’ settlement and release, there was minimal litigation by plaintiffs’ counsel (the filing of a complaint) with respect to plaintiffs’ claims against Hartford.” Id. at 48. We mod- ify that sentence so that it reads, “Prior to the parties’ set- tlement and release, litigation by plaintiffs’ counsel with respect to plaintiffs’ claims against Hartford included fil- ing a complaint and amended complaint, filing a reply to Hartford’s affirmative defenses, filings related to summary judgment, and oral argument before the court.” We have also considered the other reasons that plaintiffs assert that we should reconsider our opinion and have determined that reconsideration is not warranted. Reconsideration allowed; former opinion modified and adhered to as modified.

Court of Appeals Tenth Appellate District of Texas 10-25-00156-CV TDJ Corporation d/b/a Infinity Nails, Tiffany Thuy Do and Don Kim Do, Appellants v. CBL RM-Waco, LLC, Appellee On appeal from the 74th District Court of McLennan County, Texas Judge Gary R. Coley, presiding Trial Court Cause No. 2021-3652-3 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION On June 11, 2025, the appellants, TDJ Corporation d/b/a Infinity Nails, Tiffany Thuy Do and Don Kim Do, filed a motion to dismiss this appeal because the parties have reached a settlement. The motion indicates that the appellants no longer desire to pursue the appeal due to the settlement which resolves all issues and disputes in the case.  The motion to dismiss the appeal is granted. Accordingly, pursuant to the written settlement agreement of the parties, this appeal is dismissed. See TEX. R. APP. P. 42.1(a). STEVE SMITH Justice OPINION DELIVERED and FILED: June 18, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06 TDJ Corporation v. CBL RM-Waco, LLC Page 2

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ALMA GASCA, § No. 08-24-00134-CV Appellant, § Appeal from the v. § County Court at Law No. 7 LAUNCHBASE PROPERTIES, LLC, § of El Paso County, Texas Appellee. § (TC# 2024-CCV00278) JUDGMENT The Court has considered this cause on the record and concludes there was no error in the judgment. We therefore affirm the judgment of the court below. We further order that Appellee recover from Appellant all costs of appeal, for which let execution issue. This decision shall be certified below for observance. IT IS SO ORDERED this 19th day of June 2025. GINA M. PALAFOX, Justice Before Salas Mendoza, C.J., Palafox, J., and Rodriguez, C.J. (Ret) Rodriguez, C.J. (Ret.) (Sitting by Assignment)

FILE COPY THE SUPREME COURT OF TEXAS Post Office Box 12248 Austin, Texas 78711 (512) 463-1312 Friday, June 13, 2025 Mr. George M. Bishop Mr. Charles Flores Attorney at Law Flores Law PLLC 4191 F.M. 1155 South 917 Franklin Street, Suite 600 Chappell Hill, TX 77426 Houston, TX 77002 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * RE: Case Number: 23-0868 Court of Appeals Number: 10-21-00309-CV Trial Court Number: 18-001344-CV-361 Style: WHITE KNIGHT DEVELOPMENT, LLC v. DICK B. SIMMONS, SR., AND JULIE M. SIMMONS Dear Counsel: Today the Supreme Court of Texas issued an opinion and judgment in the above- referenced cause. You may obtain a copy of the opinion and judgment through Case Search on our Court’s webpage at: http://www.txcourts.gov/supreme.aspx. On the Case Search page simply enter the case number and push the Search button to find the docket page for your case. Sincerely, Blake A. Hawthorne, Clerk by Claudia Jenks, Chief Deputy Clerk cc: Ms. Sherry Williamson (DELIVERED VIA E-MAIL) District Clerk Brazos County (DELIVERED VIA E-MAIL) Mr. Matthew Sharpe (DELIVERED VIA E-MAIL)