ACCEPTED 03-15-00002-CV 4303378 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/26/2015 4:06:55 PM JEFFREY D. KYLE CLERK NO. 03-15-00002-CV FILED IN In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS for the Third District of Texas 2/26/2015 4:06:55 PM Austin, Texas JEFFREY D. KYLE Clerk BIG LIFT TRUCKS OF TEXAS, INC., Appellants, v. THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND THE ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellee. APPELLANT’S MOTION TO DISMISS TO THE HONORABLE COURT OF APPEALS: Appellant Big Lift Trucks of Texas, Inc. files this, its motion to dismiss this appeal, and would respectfully show the court as follows. 1. Appellant has, after consulting with its counsel, decided that it no longer wishes to pursue its legal remedies in this matter. 2. Appellant has consulted with Appellees, who are unopposed to this motion to dismiss. 3. For these reasons, Appellant asks this Court to dismiss this appeal. Respectfully submitted, 1 /s/ Richard E. Sympson Richard E. Sympson SBT 19596800 Siri Khalsa SBT 24070052 720 North Post Oak Road, Suite 650 Houston, Texas 77024 (713) 681 3159 (713) 683 8005 Fax rick@resympson.com Email ATTORNEY FOR BIG LIFT TRUCKS OF TEXAS, INC. CERTIFICATE OF CONFERENCE I hereby certify that I consulted with Erika Sams, attorney for Appellees, and she indicated that Appellees are unopposed to this motion. /s/ Siri Khalsa Siri Khalsa CERTIFICATE OF SERVICE I certify that a copy of Plaintiff’s Motion to Dismiss was served on Appellees, through counsel of record: Erika R. Sams, Esq. Assistant Attorney General P.O. Box 12548 Austin, Texas 78711-2548 512-477-2348 FAX By Fax this 26th day of February, 2015. /s/ Richard E. Sympson Richard E. Sympson 2