Derek R. Van Gilder, Individually and as Trustee of the Carol H. Noble Trust And Chuck Ryan, Individually and as Successor Trustee of the Carol H. Noble Trust v. Rosanna Abreo, Permanent Guardian of the Estate of Carol H. Noble, an Incapacitated Person And Kelli Mercer

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ACCEPTED 03-15-00701-CV 8174413 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/10/2015 10:35:45 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00701-CV ________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS IN AUSTIN, TEXAS AUSTIN, TEXAS ________________________________________ 12/10/2015 10:35:45 AM JEFFREY D. KYLE Clerk DEREK R. VAN GILDER, INDIVIDUALLY AND AS TRUSTEE OF THE CAROL H. NOBLE TRUST, AND CHUCK RYAN, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE OF THE CAROL H. NOBLE TRUST, Appellants, v. ROSANNA ABREO, PERMANENT GUARDIAN OF THE ESTATE OF CAROL H. NOBLE, AND INCAPACITATED PERSON, Appellee. ________________________________________ On Appeal from the 21st District Court in Bastrop County, Texas ________________________________________ UNOPPOSED MOTION TO DISMISS APPEAL ________________________________________ Tracy J. Willi Willi Law Firm, P.C. 9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com Attorney on behalf of Derek R. Van Gilder, Individually and as Trustee of The Carol H. Noble Trust, and Chuck Ryan, Individually and as Successor Trustee of The Carol H. Noble Trust UNOPPOSED MOTION TO DISMISS APPEAL Appellants, Derek R. Van Gilder, Individually and as Trustee of The Carol H. Noble Trust, and Chuck Ryan, Individually and as Successor Trustee of The Carol H. Noble Trust, file this Unopposed Motion to Dismiss Appeal and would show this Court as follows. The parties have entered into a settlement of this matter. Pursuant to the settlement, the parties have agreed to dismiss this action in its entirety. The parties request this Court to enter an Order of Dismissal. Respectfully submitted, /s/ Tracy J. Willi Tracy J. Willi Texas Bar No. 00784633 Willi Law Firm, P.C. 9600 Escarpment Blvd., Suite 745, PMB 34 Austin, TX 78749-1983 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com Attorney on behalf of Derek R. Van Gilder, Individually and as Trustee of The Carol H. Noble Trust, and Chuck Ryan, Individually and as Successor Trustee of The Carol H. Noble Trust 2 Certificate of Conference I hereby certify that I have conferred with all counsel of record and all counsel are unopposed to this filing. /s/ Tracy J. Willi Tracy J. Willi Certificate of Service I hereby certify that this document was served on December 10, 2015, through the Court’s electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address is not on file, then this document was served on the same day by fax, by email, or by U.S. mail. Chris M. “Matt” Dillon Texas Bar No. 24025328 P.O. Box 446 Bastrop, TX 78602 (512) 303-2889 (512) 866-375-1815 dillonlaw@yahoo.com Counsel for Rosanna Abreo, Permanent Guardian of the Estate of Carol H. Noble, An Incapacitated Person Elizabeth Owen State Bar No. 00794411 Owen & Bogart P.O. Box 690/105 E. 2nd Street Elgin, TX 78621 (512) 281-3326 (512) 281-5094 (fax) eowen@obrlaw.net Counsel for Kelli Mercer /s/ Tracy J. Willi Tracy J. Willi 3