C. Aubrey Smith and James D. Van Deventer v. A.B.S.H., Llc

ACCEPTED 12-15-00227-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS 12/29/2015 5:45:50 PM

Pam Estes

CLERK

CASE NO. 12-15-00227-CV IN THE

FILED IN TWELFTH COURT OF APPEALS 12th COURT OF APPEALS

TYLER, TEXAS TYLER, TEXAS 12/29/2015 5:45:50 PM

PAM ESTES Clerk

C. AUBREY SMITH and JAMES D. VANDEVENTER

APPELLANTS V. A.B.S.H., LLC

APPELLEE APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL COME NOW Appellants, C. AUBREY SMITH and JAMES D.

VANDEVENTER, and voluntarily seek dismissal of this appeal pursuant to Tex. R. App. P. 42.1(a)(1), and in support of such motion would show the Court the following:

1. Appellants filed their Notice of Appeal on September 11, 2015. Appellee A.B.S.H., LLC (“Appellee”), did not file a notice of appeal or notice of cross-appeal.

2. On December 22, 2015 Appellants and Appellee executed a settlement agreement resolving all disputes between the parties. As part of such settlement, the parties agreed that Appellants would voluntarily dismiss this appeal with prejudice.

3. In accordance with the parties agreement, Appellants respectfully request pursuant to Tex. R. App. P. 42.1(a)(1) that the Court dismiss this appeal with prejudice.

Respectfully submitted December 29, 2015

WILSON, ROBERTSON & CORNELIUS, P.C. One American Center 909 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

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 29, 2015.

/s/ Matthew T. Milam

MATTHEW T. MILAM