ACCEPTED 03-15-00016-CV 3948306 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/29/2015 1:08:11 PM JEFFREY D. KYLE CLERK NO. 03-15-00016-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 1/29/2015 1:08:11 PM JEFFREY D. KYLE FOR THE THIRD DISTRICT AT AUSTIN Clerk __________________________________________________________________

FRENKIS CAPRICCIO, INC. and GENTJAN BEHAJ Appellants (Defendants below) vs. PERFORMANCE GOOD GROUPS, INC. d/b/a ROMA DALLAS Appellee (Plaintiff below) __________________________________________________________________

APPELLANTS’ MOTION TO DISMISS THE APPEAL __________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEEALS: Frenkis Capriccio, Inc. and Gentjan Behaj, Appellants, pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, move to dismiss their appeal in this case, and in support of such motion would show that Appellants and Appellee have compromised and settled all issues in dispute between them in this matter.

Wherefore, Appellants respectfully request that the Court dismiss this appeal.

CERTIFICATE OF CONFERENCE On January 28, 2015, I conferred with the attorney of record for the Appellee and he stated that he had no objection object to the foregoing motion to dismiss the appeal.

Respectfully submitted,

/s/ Greg Frazer__________________ Greg Frazer State Bar No. 07399500 East Sixth Street, Suite 900 Austin, Texas 78701 Phone: (512) 473-3670 Fax: (512) 322-5301 e-mail: [email protected] Attorney for Appellants CERTIFICATE OF SERVICE I certify that on this 29th day of January, 2015, I served a copy of the foregoing motion on the attorney of record for Appellees, Mr. Bill Malone, Jr., by e-mail to [email protected].

/s/Greg Frazer___________________ Greg Frazer