ACCEPTED 03-15-00646-CV 7835663 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/16/2015 9:36:30 AM JEFFREY D. KYLE CLERK

IN THE THIRD DISTRICT COURT OF APPEALS FILED IN AUSTIN, TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS 11/16/2015 9:36:30 AM No. 03-15-00646-CV JEFFREY D. KYLE Clerk CHET EDWARD CUNNINGHAM, Appellant, v. TARA MICHELLE CUNNINGHAM, Appellee.

APPELLANT’S UNOPPOSED MOTION TO DISMISS

TO THE HONORABLE COURT OF APPEALS: Pursuant to TEX. R. APP. P. 42.1(a)(1), Appellant Chet Edward Cunningham files this Motion to Dismiss and moves the Court to dismiss the appeal.

1. Appellant timely perfected the appeal in this matter on October 12, 2015.

2. The parties have reached an agreement to refer this case to a private judge. Appellant no longer wishes to pursue this appeal.

3. Appellant asks that costs be assessed against the party incurring them.

PRAYER FOR RELIEF WHEREFORE, Appellant Chet Edward Cunningham respectfully requests that this Court grant the Motion to Dismiss and enter an Order dismissing this appeal and taxing costs against the party that incurred them.

Respectfully submitted, WEISBART SPRINGER HAYES LLP Lavaca Street, Suite 200 Austin, Texas 78701 512.652.5780 512.682.2074 fax By: /s/ Geoffrey Weisbart Geoffrey D. Weisbart State Bar No. 21102645 [email protected] P. Bane Phillippi State Bar No. 24007843 [email protected] ATTORNEYS FOR CHET EDWARD CUNNINGHAM

CERTIFICATE OF CONFERENCE The parties reached an agreement to withdraw the appeal which was reduced to an Order and filed with the Travis County District Court on November 13, 2015.

As such, Appellee is unopposed to the relief requested herein.

/s/ Geoffrey Weisbart Geoffrey Weisbart

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record herein by way of: U.S. Mail, First Class Certified Mail Facsimile Federal Express Hand Delivery E-Service on this 16th day of November, 2015, to wit: Jeana A. Lungwitz Domestic Violence Clinic University of Texas School of Law E. Dean Keeton Street Austin, Texas 78705 512.232.1358 512.232.9171 Fax [email protected] James “Jake” Gilbreath WALTERS GILBREATH, PLLC 1301 S. Capital of Texas Hwy., Suite C-120 Austin, Texas 78746 512.320.9160 800.285.7720 Fax [email protected] /s/ Geoffrey Weisbart Geoffrey Weisbart