*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/29/2015 2:44:03 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 12/29/2015 2:44:03 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00280-CV *1 ACCEPTED ^[8395164] CLERK Lisa Bowlin Hobbs | Lisa@KuhnHobbs.com

3307 Northland Drive, Suite 310 | Austin, Texas 78731

Tel 512.476.6003 | Fax 512.476.6002

December 29, 2015

Jeffrey D. Kyle, Clerk via e-filing

Third Court of Appeals

209 West 14th Street, Room 101

Austin, Texas 78701

Re: Nos. 03-15-00085-CV & No. 03-15-00280-CV; DeLitta v. Schaefer

Dear Mr. Kyle,

On November 3, 2015, the Court abated the two above-referenced appeals to

allow the parties to proceed with settlement negotiations. The Court requested that, if

the parties had not finalized a settlement by December 29, 2015, the parties file a

report informing the Court of the status of the settlement negotiations.

On October 20, 2015, the parties entered into a binding Rule 11 agreement that

resolved the litigation. Unfortunately, a significant dispute has arisen concerning the

agreement. A hearing is scheduled in the trial court on Schaefer’s Motion to Enforce

for February 17, 2016.

Counsel suggests the case remain abated to allow the enforcement hearing to

proceed and requests until March 1, 2016 to further update the Court on the matter. I

have conferred with opposing counsel, and, though this letter was not prepared

jointly, they agree that continued abatement is warranted under the circumstances.

Kindest Regards,

Kuhn Hobbs PLLC

By: __________________________

Lisa Bowlin Hobbs

c: Douglas R. Drucker & Kirby D. Hopkins, D RUCKER | H OPKINS ( via e-service )