ACCEPTED
03-15-00638-CV
7982309
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/24/2015 5:46:04 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00638-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEAL 11/24/2015 5:46:04 PM
FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
_______________________________________________________________
Diane Crumley Dee, Dina Crumley White as Dependent Administrator Of
Estate of Marie Barnes Crumley and Bridget D. Elliott As Trustee of BC
Trust
Appellants,
v.
Crosswater Yacht Club, L.P., Crosswater Yacht Club Management, L.L.C.,
And Harbor Ventures, Inc.
Appellees.
________________________________________________________________
On Appeal from the 98th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-14-004489
UNOPPOSED MOTION FOR PARTIAL DISMISSAL OF APPEAL BY
DIANE CRUMLEY DEE AND DINA CRUMLEY WHITE AS DEPENDENT
ADMINISTRATOR OF THE ESTATE OF MARIE BARNES CRUMLEY
Donald E. Little
TX Bar No. 24076191
506 Rolling Green Drive
Lakeway, Texas 78734
Attorney for Appellants
UNOPPOSED MOTION FOR PARTIAL DISMISSAL OF APPEAL
Appellants Diane Crumley Dee (“Dee”) and Dina Crumley White as
Dependent Administrator of Estate of Marie Barnes Crumley (“White”) file this
voluntary motion for partial dismissal of appeal pursuant to Rule 42.1 of the Texas
Rules of Appellate Procedure. This motion does not affect Appellant Bridget D.
Elliott as Trustee of BC Trust’s (“Elliot”) appeal.
Dee and White request that this Court dismiss their respective appeals.
Elliot is the proper representative of the BC Trust. See Exhibit “A.” This motion
will not prevent Elliot from seeking relief from this Court.
This motion will not prejudice the remaining parties. Dee and White’s
claims are identical to Elliot’s. Appellees do not oppose this motion. Appellees’
attorney Daniel C. Bitting has stated “I do not oppose a motion by Dee and White
to dismiss their appeal of the judgment based on the jury trial.”
Dee and White request that this Court dismiss their appeals, leaving Elliot as
the only remaining appellant.
Dated: November 24, 2015 Respectfully submitted,
“/S / Donald E. Little
Donald E. Little (TX 24076191)
Attorney for Contestant
506 Rolling Green Drive
Austin, Texas 78734
Telephone – (435) 901-0333
donaldlittle1@msn.com
CERTIFICATE OF CONFERENCE
On Wednesday, October 27, 2015, Appellants’ attorney conferred with
Appellee’s attorney Daniel Bitting regarding the above motion. Mr. Bitting stated
that he did not oppose the motion.
“/S/” Donald E. Little
CERTIFICATE OF SERVICE
This is to certify that on November 24, 2015, a true and correct copy of the
above pleading was served upon counsel below [ ] First Class mail, USPS postage
prepaid, [ x ] e-mailed, [ ] faxed, [ ] hand-delivered a true and correct copy of
the foregoing to:
“/S/” Donald E. Little
No. 03-15-00638-CV
IN THE COURT OF APPEAL
FOR THE THIRD DISTRICT OF TEXAS
AUSTIN, TEXAS
_______________________________________________________________
Diane Crumley Dee, Dina Crumley White as Dependent Administrator Of
Estate of Marie Barnes Crumley and Bridget D. Elliott As Trustee of BC
Trust
Appellants,
v.
Crosswater Yacht Club, L.P., Crosswater Yacht Club Management, L.L.C.,
And Harbor Ventures, Inc.
Appellees.
________________________________________________________________
On Appeal from the 98th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-14-004489
ORDER
The appeals brought by Appellants Diane Crumley Dee and Dina Crumley
White as Dependent Administrator of Estate of Marie Barnes Crumley are hereby
dismissed. This order does not affect the appeal brought by Bridget D. Elliott as
Trustee of BC Trust.
November __, 2015
_____________________
EXHIBIT A