February 18, 2015

NO. 03-15-00069-CV

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN

CHARLES R. RANDY TURNER, Appellant V.

AQUAPLEX, INC. and JAMES EDWARD JONES, JR., Appellee

On Appeal from the 126th District Court of Travis County, Texas Honorable Darlene Byrne, Presiding

APPELLANT'S MOTION TO DISMISS APPEAL

Charles R. "Randy" Turner, APPELLANT in the above-styled and numbered appeal files this motion to dismiss that appeal pursuant to T.R.A.P. 42.19(a)(1).

Appellant filed his Notice of Appeal on January 26, 2015. Appellant has since reached an accord with Appellees so that an appeal is no longer necessary.

Accordingly, Appellant respectfully requests that this appeal be dismissed with prejudice to the right of Appellant to ever file another appeal in this case. No other action need be taken by the Court.

Certificate of Conference

In accordance with T.R.A.P. 10.1(5), Appellant has conferred with all parties and there is no opposition to this motion.

Respectfully submitted,

Charles R. *Randy"Turner, Pro Se, Personally and for Rancho La Valencia, Inc. 4305 Livingston Avenue Dallas, Texas 75205 (214)796-1969 crturnerdal las@gmai I.com

CERTIFICATE OF SERVICE

I herebyjttrtify that a true and correct copy of the foregoing document has been sent via email this /O flay ofFebruary, 2015 to the following: Email: [email protected] D. Douglas Brothers George, Brothers, Kincaid & Horton, L.L.P. W. 7th Street, Suite 1100 Austin, TX 78701 Email: [email protected] Kathryn E. Allen Graves, Dougherty, Hearon & Moody Congress Ave. Suite 2200 Austin, Texas 78701

Charles R. "Randy" Turner EK& Third Court of Appeals Clerk of the Court: Jeffrey D. Kyle PO Box 12547 \ Austin, Texas 78711 ^rtf-to RECEIVE FEB 17 2015 TEXAS EMERGENCY SE RETIREMENTSYSTE