ACCEPTED 12-15-00227-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/15/2015 3:36:53 PM Pam Estes CLERK CASE NO. 12-15-00227-CV IN THE TWELFTH COURT OF APPEALS FILED IN 12th COURT OF APPEALS TYLER, TEXAS TYLER, TEXAS 12/15/2015 3:36:53 PM PAM ESTES Clerk C. AUBREY SMITH and JAMES D. VANDEVENTER APPELLANTS V. A.B.S.H., LLC APPELLEES

JOINT NOTICE OF RESOULTUION AND MOTION TO STAY DEADLINES COME NOW Appellants, C. AUBREY SMITH and JAMES D. VANDEVENTER, and Appellee, A.B.S.H, LLC and hereby notify the Court that the Parties attended mediation on December 14, 2015 and have reached a resolution in principle that will resolve the claims between them. Therefore, the parties request that all deadlines between them be stayed fourteen (14) days, up to and including Monday, December 28, 2015, so that the parties may finalize the terms of the agreement.

Vance E. Hendrix does not represent A.B.S.H., LLC, in this appeal, and has been retained only for purposes of mediation. Accordingly, the undersigned Vance E. Hendrix is not making an appearance in this appeal due to the limited nature of his representation, but acknowledges that A.B.S.H., LLC agrees to the statements contained herein.

Respectfully submitted December 15, 2015 WILSON, ROBERTSON & CORNELIUS, P.C.

One American Center ESE Loop 323, Suite 400 [01] P.O. Box 7339 Tyler, Texas 75711-7339 Telephone: 903/509-5000 Telecopier: 903/509-5091 By: /s/Matthew T. Milam Matthew T. Milam State Bar No. 24065746 [email protected] Attorneys for Appellants C. Aubrey Smith and James D. VanDeventer VANCE E. HENDRIX, PC Winchester Drive, Suite 111 Tyler, Texas 75701 Telephone: 903.520.2609 Telefax: 903.705.7775

By:___/s/ Vance E. Hendrix__________ Vance E. Hendrix State Bar No. 24050746 [email protected] Attorney for A.B.S.H., LLC, in connection with and limited to mediation

CERTIFICATE OF SERVICE I hereby certify that pursuant to Rule 9.5, Texas Rules of Appellate Procedure, that a true and correct copy of the foregoing pleading was served upon all counsel electronically, through the electronic filing manager, on December 15, 2015.

/s/ Matthew T. Milam MATTHEW T. MILAM