ACCEPTED 03-12-00746-CV 8373390 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 10:57:28 AM JEFFREY D. KYLE CLERK TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN __________________ NO. 03-12-00746-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS Gene Doss Construction, Inc., Appellant 12/28/2015 10:57:28 AM JEFFREY D. KYLE v. Clerk

Frank Smith’s, Inc. d/b/a The Deadfish Grill, Appellee ________________________________________________________________ FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 245,047-B, HONORABLE RICK MORRIS, JUDGE PRESIDING STATUS OF APPEAL Appellee Frank Smith’s, Inc. filed a petition for Chapter 11 Bankruptcy (United States Bankruptcy Court, W.D. Tex., Waco Division, Case Number 12-61194-cag) shortly after the filing of this appeal. The Bankruptcy plan provided for periodic payment to appellant to satisfy the trial court’s judgment. Payments are ongoing at this time. The parties feel that this Appeal should be retained by the Court until this debt is discharged. I certify that I have conferred with debtor’s counsel, Mr. Aubrey Williams – MONTEZ & WILLIAMS, PC – 3809 W. Waco Dr., Waco, TX 76710, and he agrees with this course of action.

Respectfully submitted, By: /s/ Calvin L. Cowan Calvin L. Cowan Texas Bar No. 24040737 SANDERFORD & CARROLL, P.C.

2110 Birdcreek Drive Temple, Texas 76502 Telephone: 254/773-8311 Facsimile: 254/773-9175 [email protected] ATTORNEY FOR APPELANT GENE DOSS CONSTRUCTION, INC. Status Report to the Court Page 1 CERTIFICATE OF SERVICE This is to certify that on this 28th day of December, 2015, a true and correct copy of the foregoing was served via the by United States first class mail, postage prepaid, upon counsel for Appellee, by and through counsel of record, Mr. Aubrey Williams – MONTEZ & WILLIAMS, PC – 3809 W. Waco Dr., Waco, TX 76710.

/s/ Calvin L. Cowan

Status Report to the Court Page 2