ACCEPTED 011500449CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/4/2015 2:55:46 PM CHRISTOPHER PRINE CLERK CAUSE NO. 01-15-00449-CV NESTOR BILFREDO MENA, § FILED IN 1st COURT OF APPEALS § IN THE COURT OF APPEALS HOUSTON, TEXAS Appellant, § 8/4/2015 2:55:46 PM § CHRISTOPHER A. PRINE v. § Clerk § DYCK O’NEAL INC., § § FIRST DISTRICT OF TEXAS Appellee. § APPELLANT’S MOTION FOR DISMISSAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Appellant Nestor Bilfredo Mena (“Mena”) and files this Motion for Dismissal, saying: The parties have settled. Mena wishes to dismiss the appeal of this case.

WHEREFORE, Mena respectfully requests that this appeal be dismissed.

Respectfully submitted,

/s/ David McDougald David A. McDougald (SBN: 13570525) 4309 Yoakum Blvd., Suite 3000 Houston, Texas 77006 [email protected] (713) 522-1177, x325 – telephone (888) 809-6793 – telecopier ATTORNEY FOR MENA CERTIFICATE OF SERVICE The undersigned counsel certifies that the foregoing motion has been served in accordance with the Texas Rules of Civil Procedure 21 and 21a on this 4th day of August, 2015.

/s/ David McDougald David A. McDougald