ACCEPTED 03-15-00558-CV 6864042 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 11:42:49 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS FILED IN FINE LINE COMMERCIAL, LLC § 3rd COURT OF APPEALS AUSTIN, TEXAS § 9/10/2015 11:42:49 AM Plaintiff & § Court of Appeals No.: 03-15-00558-CV JEFFREY D. KYLE Counter-Defendant, § Clerk § Trial Court Case No.: C-1-CV-15-006001 v. § § ATX PAINTING COMPANY, INC. § § Defendant & § Counter-Plaintiff. § ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE COMES NOW APPELLANT ATX PAINTING COMPANY, INC. and hereby requests that the Court of Appeals FOR THE Third District of Texas dismiss the above-entitled and numbered appeal, without prejudice, pursuant to Texas Rule of Appellate Procedure 42.

Dated: Thursday, September 10, 2015.

Respectfully submitted, /s/ Ronald A. Ortman _______________________________ Ronald A. Ortman Texas State Bar No.: 15324407 ORTMAN LAW FIRM N. Saint Mary’s St., Ste. 1400 San Antonio, Texas 78205-3535 T. (210) 591-1770 Email: [email protected]

Page 1 of 3 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results: David M. Walters, attorney of record for FINE LINE COMMERCIAL, LLC: ☐ opposes motion; ☐ does not oppose motion; ☐ agrees with motion; ☐ would not say whether motion is opposed; ☒ did not return my message regarding the motion.

/s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

DATE: THURSDAY, SEPTEMBER 10, 2015.

Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ATX PAINTING COMPANY, INC.’S MOTION TO DISMISS WITHOUT PREJUDICE has been served upon all counsel/parties, as listed below, by placing a copy of same in the United States mail, certified, return receipt requested, facsimile, electronically by ProDoc e-File, and/or by hand delivery on Thursday, September 10, 2015.

WALTERS HULL, PLLC via eService 1101 Navasota Street Suite 1 Austin, TX 78702 Tel. (512) 236-1114 Fax (512) 236-1292 Brian E. Walters Texas Bar No. 24056489 [email protected] Mark A. Hull Texas Bar No. 24042542 [email protected] David M. Walters Texas Bar No. 24056490 [email protected] ATTORNEYS FOR APPELLEE /s/ Ronald A. Ortman _____________________________ Ronald A. Ortman ATTORNEY FOR APPELLANT

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