Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/16/2015 9:36:30 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 11/16/2015 9:36:30 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00646-CV *1 ACCEPTED [7835663] CLERK I N THE T HIRD D ISTRICT C OURT OF A PPEALS
A USTIN T EXAS No. 03-15-00646-CV CHET EDWARD CUNNINGHAM,
Appellant, v.
TARA MICHELLE CUNNINGHAM,
Appellee. APPELLANT’S UNOPPOSED MOTION TO DISMISS
TO THE HONORABLE COURT OF APPEALS:
Pursuant to T EX . R. A PP . P. 42.1(a)(1), Appellant Chet Edward Cunningham
files this Motion to Dismiss and moves the Court to dismiss the appeal.
1. Appellant timely perfected the appeal in this matter on October 12,
2015.
2. The parties have reached an agreement to refer this case to a private
judge. Appellant no longer wishes to pursue this appeal.
3. Appellant asks that costs be assessed against the party incurring them.
PRAYER FOR RELIEF WHEREFORE, Appellant Chet Edward Cunningham respectfully requests
that this Court grant the Motion to Dismiss and enter an Order dismissing this
appeal and taxing costs against the party that incurred them.
Respectfully submitted, EISBART S PRINGER H AYES LLP 212 Lavaca Street, Suite 200 512.682.2074 fax By: /s/ Geoffrey Weisbart Geoffrey D. Weisbart State Bar No. 21102645 gweisbart@wshllp.com P. Bane Phillippi State Bar No. 24007843 bphillippi@wshllp.com ATTORNEYS FOR CHET EDWARD CUNNINGHAM CERTIFICATE OF CONFERENCE
The parties reached an agreement to withdraw the appeal which was reduced
to an Order and filed with the Travis County District Court on November 13, 2015.
As such, Appellee is unopposed to the relief requested herein.
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has
been forwarded to all counsel of record herein by way of:
U.S. Mail, First Class
Certified Mail
Facsimile
Federal Express
Hand Delivery
E-Service
on this 16 th day of November, 2015, to wit:
Jeana A. Lungwitz
Domestic Violence Clinic
University of Texas School of Law
727 E. Dean Keeton Street
Austin, Texas 78705
512.232.1358
512.232.9171 Fax
jlungwitz@law.utexas.edu
James “Jake” Gilbreath ALTERS G ILBREATH PLLC
1301 S. Capital of Texas Hwy., Suite C-120
800.285.7720 Fax
jake@waltersgilbreath.com