*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/29/2015 1:08:11 PM JEFFREY D. KYLE Clerk NO. 03-15-00016-CV THIRD COURT OF APPEALS 1/29/2015 1:08:11 PM JEFFREY D. KYLE 03-15-00016-CV AUSTIN, TEXAS *1 ACCEPTED ^[3948306] CLERK

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IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT AT AUSTIN

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FRENKIS CAPRICCIO, INC. and GENTJAN BEHAJ

Appellants

(Defendants below)

vs.

PERFORMANCE GOOD GROUPS, INC. d/b/a ROMA DALLAS

Appellee

(Plaintiff below)

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APPELLANTS’ MOTION TO DISMISS THE APPEAL

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TO THE HONORABLE THIRD COURT OF APPEEALS:

Frenkis Capriccio, Inc. and Gentjan Behaj, Appellants, pursuant to Rule 42.1

of the Texas Rules of Appellate Procedure, move to dismiss their appeal in this

case, and in support of such motion would show that Appellants and Appellee have

compromised and settled all issues in dispute between them in this matter.

Wherefore, Appellants respectfully request that the Court dismiss this

appeal.

CERTIFICATE OF CONFERENCE

On January 28, 2015, I conferred with the attorney of record for the

Appellee and he stated that he had no objection object to the foregoing motion to

dismiss the appeal.

Respectfully submitted,

/s/ Greg Frazer__________________

State Bar No. 07399500

106 East Sixth Street, Suite 900

Austin, Texas 78701

Phone: (512) 473-3670

Fax: (512) 322-5301

e-mail: greg@frazerlegal.com

Attorney for Appellants

CERTIFICATE OF SERVICE

I certify that on this 29 th day of January, 2015, I served a copy of the

foregoing motion on the attorney of record for Appellees, Mr. Bill Malone, Jr., by

e-mail to Bill@billmalonelaw.com.

/s/Greg Frazer___________________