Order entered October 14, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01057-CV HYDROTECH ENGINEERING, INC., Appellant V. ICI CONSTRUCTION, INC.; PAVECON COMMERCIAL CONCRETE, LTD.; G & D POOL & SPA, INC.; H. E. JONES & COMPANY, INC., Appellees On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-11-05103 ORDER The Court has before it appellee ICI Construction, Inc.’s motion to dismiss appeal and appellant’s response to that motion. The Court DEFERS the motion to the submissions panel.

The Court also has before it appellees’ joint unopposed motion to extend time to file each appellee’s brief. The Court GRANTS the motion and ORDERS appellees to file their briefs by November 5, 2013. On its own motion, the Court CONSOLIDATES this appeal, cause number 05-13-01057-CV with cause number 05-13-00713-CV, styled Swaback Partners, PLLC v. OMP Development, et al. The Court ORDERS the Clerk of the Court to remove all documents from file number 05-13-01057-CV and to refile them in cause no. 05-13-00713-CV and to treat 05-13- 01057-CV as a closed case. The stay previously ordered by this Court in cause number 05-13- 00713-CV remains in effect until further order of this Court.

/s/ JIM MOSELEY JUSTICE