ACCEPTED
12-15-00227-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/29/2015 5:45:50 PM
Pam Estes
CLERK
CASE NO. 12-15-00227-CV
IN THE
FILED IN
TWELFTH COURT OF APPEALS 12th COURT OF APPEALS
TYLER, TEXAS
TYLER, TEXAS 12/29/2015 5:45:50 PM
PAM ESTES
Clerk
C. AUBREY SMITH and JAMES D. VANDEVENTER
APPELLANTS
V.
A.B.S.H., LLC
APPELLEE
APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL
COME NOW Appellants, C. AUBREY SMITH and JAMES D.
VANDEVENTER, and voluntarily seek dismissal of this appeal pursuant to Tex.
R. App. P. 42.1(a)(1), and in support of such motion would show the Court the
following:
1. Appellants filed their Notice of Appeal on September 11, 2015.
Appellee A.B.S.H., LLC (“Appellee”), did not file a notice of appeal or notice of
cross-appeal.
2. On December 22, 2015 Appellants and Appellee executed a
settlement agreement resolving all disputes between the parties. As part of such
settlement, the parties agreed that Appellants would voluntarily dismiss this appeal
with prejudice.
3. In accordance with the parties agreement, Appellants respectfully
request pursuant to Tex. R. App. P. 42.1(a)(1) that the Court dismiss this appeal
with prejudice.
Respectfully submitted December 29, 2015
WILSON, ROBERTSON & CORNELIUS, P.C.
One American Center
909 ESE Loop 323, Suite 400 [01]
P.O. Box 7339
Tyler, Texas 75711-7339
Telephone: 903/509-5000
Telecopier: 903/509-5091
By: /s/Matthew T. Milam
Matthew T. Milam
State Bar No. 24065746
mmilam@wilsonlawfirm.com
Attorneys for Appellants C. Aubrey Smith
and James D. VanDeventer
CERTIFICATE OF SERVICE
I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate
Procedure, that a true and correct copy of the foregoing pleading was served upon
all counsel electronically, through the electronic filing manager, on December 29,
2015.
/s/ Matthew T. Milam
MATTHEW T. MILAM
2