*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/17/2015 4:23:14 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00117-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/17/2015 4:23:14 PM CATHY LUSK CLERK No. 12-15-00117-CV

IN THE COURT OF APPEALS

FOR THE TWELFTH DISTRICT OF TEXAS

AT TYLER

SOUTHERN METHODIST UNIVERSITY Appellant

V.

RIO BRAZOS ENERGY CO. Appellee

On Appeal from the 294 th District Court of Van Zandt County, Texas

Cause No. 10-0927

AGREED MOTION TO SET ASIDE THE TRIAL COURT'S JUDGMENT

All the parties to this cause, by agreement, jointly move that

the trial court's judgment be set aside without regard to the

merits and the case be remanded to the trial court for rendition

of judgment in accordance with the agreement set out below:

The trial court will be requested will be requested to sign

and enter granting a nonsuit with preudice of all claims

and counterclaims with costs

Respectfully submitted.

Bailey Hyden

A/torney for Appellant/Defendant Southern Methodist

University

GOITTARD & HYDEN, P.C.

1330 Tower Energy Square

4849 Greenville Avenue

Dallas, Texas 75206

Tel. (214) 692-7866

Fax. (214) 692-7897

Texas Bar No. 10373000

Email: 1oehvden6hotmail.com

AGREED MOTION TO SET ASIDE THE TRIAL COURT'S JUDGMENT

Page 1 of *2 Respectfully submitted,

By: _

R. Paul Elliott

Attorney for Appellee Plaintiff Rio Brazos Energy Co.

R. PAUL ELLIOTT, ATTORNEY AT LAW, P.C.

301 S. Main Street

Canton, Texas 75103

Tel. (903) 567-4141

Fax. (903) 567-6228 Texas Bar No. 24008606

Email: rpe@elilaw.com

AGREED MOTION TO SET ASIDE THE TRIAL COURT'S JUDGMENT

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