ACCEPTED 03-15-00333-CV 6108174 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/17/2015 9:04:28 AM JEFFREY D. KYLE CLERK

NO.03-JS-00333-CV FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS for the Third Judicial District of Texas 7/17/2015 9:04:28 AM at Austin JEFFREY D. KYLE Clerk

JOSEPH P. THWEATT, Appellant, v. BILLINGSLEY HOUSE MOVING, INC., and OLIVER BILLINGSLEY, Appellees.

On Appeal from the 353rd Judicial District Court Travis County, Texas Trial Court Cause No. D-I-GN-14-005006

AGREED MOTION TO DISMISS APPEAL

TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure 42.1, appellant, Joseph P. Thweatt, files this Agreed Motion to Dismiss Appeal, seeking voluntary dismissal of this appeal with prejudice.

Thweatt perfected this appeal by filing a notice of appeal on June 2, 2015, of an interlocutory order of the 353rd Judicial District Court of Travis County. The order denied a motion to dismiss a defamation claim asserted by Billingsley, which motion

Page 1 of2 Thweatt filed pursuant to Texas Civil Practices and Remedies Code chapter 27. The Parties have resolved the dispute between them with respect to the defamation claim only; therefore, Thweatt no longer wishes to prosecute this interlocutory appeal of his motion to dismiss the defamation claim. Accordingly, Thweatt requests that the Clerk dismiss this appeal with prejudice, with costs of appeal to be paid by the Thweatt.

Appellees Billingsley House Moving, Inc., and Oliver Billingsley are in agreement with this motion, as reflected by the signature of their counsel below.

Dated: i /11 {,(' Respectfully submitted, I I

L. Lee Thweatt Tom~- State BarNo. 24008160 Law Office of Tom Murphy TERRY & THWEATT, P.C. 9600 Great Hills Trail, Suite 150 W One Greenway Plaza, Suite 100 Austin, TX 78759 Houston, Texas 77046-0102 Telephone: (512) 477-5680 Telephone: (713) 600-4710 Facsimile: 512-493-0691 Facsimile: (713) 600-4706 [email protected] [email protected] ATTORNEYS FOR APPELLEES Carl R. Galant State Bar No. 24050633 MCGINNIS LOCHRIDGE Congress Avenue, Suite 2100 Austin, Texas 78701 Telephone: (512) 495-6083 Facsimile: (512) 505-6383 [email protected] ATTORNEYS FOR APPELLANT

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