Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 10:47:39 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00865-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 10:47:39 AM CHRISTOPHER PRINE CLERK IN THE

COURT OF APPEALS

FOR THE

FIRST DISTRICT OF TEXAS NO. 01-14-00865

HARRY W. STURGES, IV, APPELLANT

SUNTRUST MORTGAGE, INC., APPELLEE On Appeal from the County Court at Law No. One (1)

Galveston County, Texas

Trial Court Cause No. CV-0071918 APPELLANT’S MOTION TO DISMISS APPEAL

HARRY W. STURGES, IV, Appellant, through undersigned counsel, hereby files

his Motion to Dismiss Appeal, and in support thereof, respectfully represents:

1. Harry W. Sturges, IV, Appellant, and Suntrust Mortgage, Inc., Appellee,

have entered into a Settlement Agreement resolving their differences.

2. This Settlement Agreement has been approved by the United States

Bankruptcy Court for the Southern District of Texas, Houston Division, in the case styled

In re Harry Wilton Sturges, IV , 12-34249. The Court entered an Order approving the

Settlement Agreement on January 7, 2015.

3. Accordingly, as all differences between the parties have been amicably

resolved, Appellant hereby requests that this Court enter an order dismissing the

Appellant’s appeal in the above-captioned matter.

WHEREFORE, Appellant respectfully requests that this Court enter an order

dismissing this case and granting such other and further relief as is equitable and just.

- 1 -

January 28, 2015.

Respectfully submitted,

/s/ Patrick D. Devine

Patrick D. Devine

State Bar No. 05662200

Law Office of Patrick D. Devine

8300 FM 1960 West, Suite 450

Houston, Texas 77070

Phone: 832-251-2722

Fax: 866-488-1082

Email: pdevine@pdevinelaw.com

Attorney for Harry W. Sturges, IV

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing pleading has been sent by telephonic

document transfer before 5:00 p.m. of the recipient's local time to (1) Israel Saucedo,

Mackie Wolf Zientz & Mann, PC, Parkway Office Center, Suite 900, 14160 North Dallas

Parkway, Dallas, Texas 75254, at Facsimile 214-635-2686; (2) Rex L. Kesler, 2311

Canal Street, Suite 304, Houston, TX 77003 at Facsimile 281-501-3191; and (3) Mitchell

J. Buchman, Battett Daffin Frappier Turner, 1900 St. James Place, Suite 500, Houston,

TX 77056 at MitchelB@bdfgroup.com on the 28 th day of January, 2015.

/s/ Patrick D. Devine

Patrick D. Devine

Attorneys for Harry W. Sturges, IV - 2 -