ACCEPTED 03-14-00662-CV 3750163 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 1:53:00 PM JEFFREY D. KYLE CLERK NO. 03-14-00662-CV FILED IN 3rd COURT OF APPEALS IN THE THIRD DISTRICT AUSTIN, TEXAS COURT OF APPEALS 1/13/2015 1:53:00 PM JEFFREY D. KYLE AT AUSTIN, TEXAS Clerk

APPEAL IN CAUSE NO. D-1-GN-13-004148 FROM THE 98th JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS

JAMES R. COLLEY AS REPRESENTATIVE AND/OR BENEFICIARY OF THE ESTATE OF JAMES W. COLLEY, DECEASED, AND AS REPRESENTATIVE AND/OR BENEFICIARY OF THE ESTATE OF DORTHA J. COLLEY, DECEASED Appellant VS. BENNY J. WILLIAMS and GLORIA ANN QUIROZ Appellees

Appellant’s Motion to Dismiss

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

State Bar No. 03709000 4408 Spicewood Springs Road Austin, Texas 78759 (512) 476-6036 (512) 343-9194 (Fax) E-Mail: [email protected] COUNSEL FOR APPELLANT

Page 1 of 6 NO. 03-14-00662-CV JAMES R. COLLEY, INDIVIDUALLY, § IN THE THIRD DISTRICT AS REPRESENTATIVE AND/OR § BENEFICIARY OF THE ESTATE OF § JAMES W. COLLEY, DECEASED, § AND AS REPRESENTATIVE AND/OR § BENEFICIARY OF THE ESTATE OF § DORTHA J. COLLEY, DECEASED § APPELLANT § COURT OF APPEAL § VS. § § BENNY J. WILLIAMS § AND § GLORIA ANN QUIROZ § APPELLEES § AUSTIN, TEXAS

Appellant’s Motion to Dismiss Comes JAMES R. COLLEY, Appellant, and files this Motion to Dismiss and in support, would show: 1. Notice of Appeal was filed on behalf of Appellant with the understanding that Appellant would not be represented by his trial attorney in the appeal and that Appellant would seek representation.

2. Appellant has determined, after further consideration, that the appeal is not economically feasible and that the appeal should be dismissed.

3. Appellant does not desire to pursue the appeal and requests that it be dismissed.

WHEREFORE, Appellant requests that the Court dismiss this case.

Respectfully Submitted LAW OFFICE OF JOHN F. CAMPBELL, P.C.

4408 Spicewood Springs Road Austin, Texas 78759 (512) 476-6036 (512) 343-9194 (Fax) By:____/s/ John F. Campbell____________ JOHN F. CAMPBELL State Bar No. 03709000 Attorney for Appellant Page 2 of 6 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on the 12th day of January, 2015: John-Robert Skrabanek SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Congress Avenue, Suite 800 Austin, Texas 78701 State Bar No. 24070631 Tele: 512-476-7834 Fax: 512-476-7832 E-Mail: [email protected] Daniel R. Richards RICHARDS RODRIGUEZ & SKEITH LLP Congress Avenue, Suite 1200 Austin, Texas 78701 State Bar No. 00791520 Tele: 512-476-0005 Fax: 512-476-1513 E-Mail: [email protected]

____/s/ John F. Campbell ________________ JOHN F. CAMPBELL

Page 3 of 6 NO. 03-14-00662-CV

IN THE THIRD DISTRICT COURT OF APPEALS AT AUSTIN, TEXAS

APPEAL IN CAUSE NO. D-1-GN-13-004148 FROM THE 98th JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS

JAMES R. COLLEY AS REPRESENTATIVE AND/OR BENEFICIARY OF THE ESTATE OF JAMES W. COLLEY, DECEASED, AND AS REPRESENTATIVE AND/OR BENEFICIARY OF THE ESTATE OF DORTHA J. COLLEY, DECEASED Appellant VS. BENNY J. WILLIAMS and GLORIA ANN QUIROZ Appellees

Appellant’s Certificate of Conference

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

State Bar No. 03709000 4408 Spicewood Springs Road Austin, Texas 78759 (512) 476-6036 (512) 343-9194 (Fax) E-Mail: [email protected] COUNSEL FOR APPELLANT

Page 4 of 6 NO. 03-14-00662-CV JAMES R. COLLEY, INDIVIDUALLY, § IN THE THIRD DISTRICT AS REPRESENTATIVE AND/OR § BENEFICIARY OF THE ESTATE OF § JAMES W. COLLEY, DECEASED, § AND AS REPRESENTATIVE AND/OR § BENEFICIARY OF THE ESTATE OF § DORTHA J. COLLEY, DECEASED § APPELLANT § COURT OF APPEAL § VS. § § BENNY J. WILLIAMS § AND § GLORIA ANN QUIROZ § APPELLEES § AUSTIN, TEXAS

Appellant’s Certificate of Conference I certify that I conferred with J. R. Skrabanek, attorney for Plaintiff/Appellee, and discussed this case with him.

J. R. Skrabanek does not oppose the dismissal of this appeal.

Respectfully Submitted LAW OFFICE OF JOHN F. CAMPBELL, P.C.

4408 Spicewood Springs Road Austin, Texas 78759 (512) 476-6036 (512) 343-9194 (Fax) By:____/s/ John F. Campbell__________________ JOHN F. CAMPBELL State Bar No. 03709000 Attorney for Appellant

Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on the 12th day of January, 2015:

Page 5 of 6 John-Robert Skrabanek SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Congress Avenue, Suite 800 Austin, Texas 78701 State Bar No. 24070631 Tele: 512-476-7834 Fax: 512-476-7832 E-Mail: [email protected] Daniel R. Richards RICHARDS RODRIGUEZ & SKEITH LLP Congress Avenue, Suite 1200 Austin, Texas 78701 State Bar No. 00791520 Tele: 512-476-0005 Fax: 512-476-1513 E-Mail: [email protected]

____/s/ John F. Campbell_____________________ JOHN F. CAMPBELL

General/Colley,Jim\Appeal\MotDismiss&Cert(011315)

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