John Burns, Individually and Derivatively on Behalf of Waxahachie Heritage Partners, LLC v. SWS Group, Inc. d/b/a Southwest Securities, FSB, Russell Phillips, Brad Owens, Rhett Miller III, Peter Brown, Dustin Autrey, James Howard, and Does 1-10Appeal from 40th District Court of Ellis County (memorandum opinion )

 Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-13-00405-CV JOHN BURNS, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF WAXAHACHIE HERITAGE PARTNERS, LLC, Appellants v. SWS GROUP, INC. D/B/A SOUTHWEST SECURITIES, FSB, RUSSELL PHILLIPS, BRAD OWENS, RHETT MILLER III, PETER BROWN, DUSTIN AUTREY, JAMES HOWARD, AND DOES 1-10, Appellees From the 40th District Court Ellis County, Texas Trial Court No. 87704 MEMORANDUM OPINION Appellants, John Burns, individually and derivatively on behalf of Waxahachie Heritage Partners, LLC, have filed an unopposed motion to dismiss this appeal, stating that they have resolved their differences with appellees, SWS Group, Inc. d/b/a Southwest Securities, FSB, Russell Phillips, Brad Owens, Rhett Miller III, and Peter Brown. See TEX. R. APP. P. 42.1(a)(1). Dismissal of this appeal would not prevent the parties from seeking relief to which they would otherwise be entitled. The motion is granted, and the appeal is dismissed. Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. TEX. R. APP. P. 12.1(b); Appendix to TEX. R. APP. P., Order Regarding Fees (amended Aug. 28, 2007, eff. Sept. 1, 2007); see id. at R. 5; see also 10TH TEX. APP. (WACO) LOC. R. 5; TEX. GOV T CODE ANN. ยงยง 51.207(b), 51.208, 51.941(a) (West 2013). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. TEX. R. APP. P. 2. The write-off of the fees from the accounts receivable of the Court in no way eliminates or reduces the fees owed. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed February 13, 2014 [CV06] Burns v. SWS Group, Inc. Page 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.