Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 12:23:55 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-12-00070-CV [8375668] THIRD COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 12:23:55 PM JEFFREY D. KYLE CLERK No. 03-12-00070-CV In the Third Court of Appeals Austin, Texas D ESTRY K ITTMAN , G LENDEE K ITTMAN , AND M ARTHA K ITTMAN , Appellants V . W. S HANE K ITTMAN , D ONALD E. A RTHUR , AND G WEN B. A RTHUR , Appellees A PPEAL F ROM C AUSE N O . 36643 33 RD J UDICIAL D ISTRICT OF B URNET C OUNTY , T EXAS H ON . G UILFORD L. J ONES P RESIDING AGREED, JOINT MOTON TO ABATE PENDING SETTLEMENT TO THE HONORABLE THIRD COURT OF APPEALS:
The parties to this appeal, through their undersigned counsel of record, file this agreed, joint motion to abate this appeal for 30 days to allow the parties to reach and effectuate a settlement. The parties have conferred and have agreed to this joint motion, and no party opposes the relief jointly requested in this motion.
The parties have entered into settlement negotiations that, if successful, would resolve this matter without a decision from the Court. Upon any settlement, the parties would file an agreed, joint motion for disposition pursuant to the terms *2 of their agreement after the final settlement documents have been executed. The parties bring this motion to advise the Court about their negotiations so the Court will not expend further time or resources on this matter in the interim.
REQUEST FOR RELIEF
The parties jointly request that the Court abate this appeal for 30 days pending conclusion of their anticipated settlement and the filing of an agreed, joint motion for disposition pursuant to the terms of any agreement.
Respectfully submitted, J. Bruce Bennett State Bar No. 02145500 Cardwell, Hart & Bennett LLP 807 Brazos, Suite 1001 Austin, Texas 7870 Telephone: (512)322-0011 Telecopier: (512)322-0808 Counsel for Appellants
/s/D. Todd Smith *~ D. Todd Smith State Bar No. 00797451 todd@appealsplus.com Smith Law Group LLLP 1250 Capital of Texas Hwy South Three Cielo Center, Suite 601 Austin, Texas 78746 Telephone: (512)439-3230 Telecopier: (512)439-3232 Counsel for Appellees
CERTIFICATE OF SERVICE
*3 On December 28, 2015, in compliance with Texas Rule of Appellate Procedure 9.5, I served this document on the following counsel of record by e- service, e-mail, and/or first-class United States mail:
J. Bruce Bennett C ARDWELL , H ART & B ENNETT LLP 807 Brazos, Suite 1001 Austin, Texas 78701 Counsel for Appellants
/s/ D. Todd Smith D. Todd Smith
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