Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/29/2015 5:45:50 PM PAM ESTES Clerk *1 ACCEPTED 12-15-00227-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/29/2015 5:45:50 PM Pam Estes CLERK

CASE NO. 12-15-00227-CV

IN THE

TWELFTH COURT OF APPEALS

TYLER, TEXAS C. AUBREY SMITH and JAMES D. VANDEVENTER

APPELLANTS

V.

A.B.S.H., LLC

APPELLEE APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL

COME NOW Appellants, C. AUBREY SMITH and JAMES D.

VANDEVENTER, and voluntarily seek dismissal of this appeal pursuant to Tex.

R. App. P. 42.1(a)(1), and in support of such motion would show the Court the

following:

1. Appellants filed their Notice of Appeal on September 11, 2015.

Appellee A.B.S.H., LLC (“Appellee”), did not file a notice of appeal or notice of

cross-appeal.

2. On December 22, 2015 Appellants and Appellee executed a

settlement agreement resolving all disputes between the parties. As part of such

settlement, the parties agreed that Appellants would voluntarily dismiss this appeal

with prejudice.

3. In accordance with the parties agreement, Appellants respectfully

request pursuant to Tex. R. App. P. 42.1(a)(1) that the Court dismiss this appeal

with prejudice.

Respectfully submitted December 29, 2015

W ILSON , R OBERTSON & C ORNELIUS , P.C.

One American Center

909 ESE Loop 323, Suite 400 [01]

P.O. Box 7339

Tyler, Texas 75711-7339

Telephone: 903/509-5000

Telecopier: 903/509-5091

By: /s/Matthew T. Milam

Matthew T. Milam

State Bar No. 24065746

mmilam@wilsonlawfirm.com

Attorneys for Appellants C. Aubrey Smith

and James D. VanDeventer

CERTIFICATE OF SERVICE

I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate

Procedure, that a true and correct copy of the foregoing pleading was served upon

all counsel electronically, through the electronic filing manager, on December 29,

2015.

/s/ Matthew T. Milam

MATTHEW T. MILAM

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